After her estranged husband allegedly assaulted her, Ivy Mayhew got a protective order against him. When he broke it, she called police, according to court records.
So how did she wind up dead a mere three weeks later?
Police charged Aubrey Mayhew Jr. with her murder Sunday. Less than a month ago, he was in jail on charges of violating the protective order and assaulting her again.
But Anne Arundel County District Court Judge Robert Wilcox released him on his own recognizance after two days, at least partly because, for some reason, Ivy Mayhew said she was not afraid of him, court records say.
“Judges lie awake at night and worry about things like this,” said Judge Vince Femia, a Prince George?s County Circuit Court judge.
Deciding whether to release a crime suspect is a difficult decision for judges to make, Femia said. They must weigh whether the person is likely to return to court for their next hearing and whether they pose an immediate danger to the community, he said.
“The problem with these domestic violence cases is that the judge has no way of knowing,” Femia said.
Since most domestic violence cases boil down to “he said, she said,” judges have to rely on the victims? word.
“You?ve just got to hold your breath and hope that you made the right decision,” he said.
Advocates for domestic violence victims agree that the courts did all they could to protect Ivy Mayhew, but the unfortunate reality is that the law can?t always protect against someone who is deadly.
“At some point, the law stops being able to control behavior,” said Danielle Cover, legal projects manager at the Women?s Law Center of Maryland.
But Cover and other women?s advocates say victims of abuse should still obtain protective orders if they think they are in danger.
Andrea Padley, a managing attorney at the YWCA Annapolis and Anne Arundel County, a county women?s organization, tells clients to keep a protective order with them at all times, in case they have to call police and need proof their abuser is in violation of the law.
She also said victims should take additional steps to protectthemselves. If the couple share children, Padley suggests taking advantage of visitation centers, which can provide a safe environment for the exchange of children.
Padley said abuse victims should also call local police, tell them they have a protective order and having someone drive by to check on them periodically. “I tell my clients to be ultra alert ? you can never be too careful,” Padley said.
