AMAZEMENT AT MARYLAND'S AMICUS BRIEF

I cannot even begin to properly express my gratitude to the State of Maryland for filing an exceptional Amicus Brief in support of my case on appeal.  I received a copy of it a few days ago and have been completely floored by the powerful arguments Maryland makes in regards to courts disclosing the residential address of a domestic violence victim who participates in an Address Confidentiality Program (ACP).  If you do not already know the facts of my case, read a summary HERE.

It remains to be seen whether or not the appellate court in Florida will take Maryland's points into consideration.  We are both asking Florida to set a legal precedent which has not been ruled on in any US court before (although the third footnote in a New Jersey Supreme Court Sacharow v. Sacharow certainly alludes to it).  It could equally be stated that we are asking Florida NOT to set a legal precedent that allows courts to order domestic violence victims to disclose their new addresses to their abusers.  Maryland successfully lays out the significant danger that could be caused by such a precedent being set.

One of Maryland's points that I hadn't even considered is one I consider may carry the most weight of all:

"Finally, and most troubling, failure by a Florida court to protect Maryland Address Confidentiality Program participants' locations from disclosure will invite a perverse type of forum shopping.  Abusers from across the country will interpret such an action as an indication that Florida courts are unlikely to conceal the location of any non-Florida domestic violence victim.  Accordingly, those who are dead-set on tracking down their victims may relocate to Florida, establish residence there, and file an action in a Florida court that entails disclosure of their victim's address.  Thus, no matter where domestic violence victims relocate, and no matter whether the state where they relocate has an address confidentiality program, they will not be able to protect themselves from having their whereabouts disclosed, so long as their abusers can avail themselves of Florida courts.  This result must be avoided, both as a matter of public policy and as a matter of public safety."

Maryland makes some other very strong arguments:

1. Maryland plainly informs Florida that if it refuses to cooperate in maintaining the confidentiality of a domestic violence victim's address while participating in their program, Florida will be the FIRST entity who has failed to do so.  That's a very powerful message to Florida.
2. Maryland argues that failing to maintain my address confidentiality will "implicate Florida courts in creating a threat to a[n ACP] Program participant's physical safety."  Maryland clearly tells Florida that my fears for safety were sufficient for a Florida court to enter an Injunction for Protection Against Domestic Violence, which was also sufficient for my enrollment in their ACP.  Maryland states:  "It is not an exaggeration to say that non-enforcement of the Maryland Address Confidentiality Program will put participants' lives at risk, as well."  Pretty strong words -- which are, of course, completely justifiable.
3.  Maryland informs Florida that there are 36 states with ACPs and that if Florida fails to protect my location from disclosure, they will set a legal precedent which will endanger the thousands of participants in ALL of the ACPs throughout the country.
4. Maryland further informs Florida that "[w]ithout confidence in courts to protect their whereabouts, many of these participants may be deterred from seeking needed relief for themselves and justice for their abusers."  In other words, if we cannot protect our location, domestic violence victims may not report crimes.
5. Maryland also discusses comity as one of the "founding principles of American law, enshrined in the Privileges and Immunities Clause of the Constitution."  Comity is a principle designed to ensure that citizens of one state will be on equal footing with those of another state during legal cases.
   
   Maryland tells Florida: "Given that Florida shares Maryland's strong interest in protecting domestic violence victims through address confidentiality, and given that Florida has even enacted its own program to advance that interest, it would plainly violate the norms of comity for Florida to decline to give effect to Maryland's parallel address confidentiality program.  Doing so would deprive the Address Confidentiality Program participant of an advantage of her Maryland citizenship by removing the value of the Program's protection even in Maryland, because her abuser would now be able to track her down there.  Denying comity would also deprive the Program participant of the very same advantage of citizenship she would have enjoyed if she were a Florida citizen, thereby placing her on unequal footing with Florida citizens and effectively discriminating against her on the basis of her state of residence."

In my opinion after reading and re-reading the Brief, Maryland is very clearly telling Florida that its victim (me) relocated to Maryland for her own safety and Maryland is doing all that it can to protect me.  Florida, therefore, has no right to go against Maryland's efforts, and that doing so, will put domestic violence victims in ACPs all over the country (including in its own state) at risk.  Not only that, but Florida may become a laughing stock inviting abusers to move there so they can track down their victims.  

This brief is so powerful and I do not believe Florida can ignore it.  But courts are always reluctant to set precedents.  If they find against me on this point, I suspect Maryland may well have given me grounds to appeal this further; to at least the Florida Supreme Court, and perhaps even the US Supreme Court.  Maryland basically made a federal case out of it.  

Researching and writing the briefs for this appeal has been one of the MOST difficult things I have ever done in my entire life.  There were many times I almost gave up.  Knowing that this case was NOT just about me kept me going.  If my life amounts to nothing else, and even if I lose the rest of the appeal, if I can be a part in ensuring that victims of domestic violence can maintain their locations confidential from their abusers, then my life will have had meaning.  While I have no desire to be a martyr, my fight -- and Maryland's amazing assistance -- may well ensure that many lives are saved.

Thank you Maryland for doing the right thing.