Brown, chief of the Frederick County State's Attorney's district court division, said several factors make it difficult to get convictions -- from the way charges are categorized to juries' expectations to the victims themselves.

Most domestic violence-related charges in district court are second-degree assault, Brown said. Assault is an attempt or threat to injure, coupled with the ability to cause harm. This can mean anything from spitting on someone to giving a black eye, Brown said.

"I'm just constantly blown away by second-degree assaults," she said. "The span of what it can be is so broad. There's just a huge inconsistency."

Penalties vary as well. Second-degree assault carries a maximum sentence of 10 years and $5,000.

Verbal abuse can garner charges for harassment, telephone misuse or misuse of electronic mail. These charges carry a maximum sentence of 90 days to three years in jail and a $500 fine.

The court categorizes a case as domestic violence if it involves any kind of family relationship, including couples who are dating. An average 720 domestic violence cases are heard in the district court every year, Brown said.

For several years, reports have been generated that detail the verdicts of domestic violence cases heard in district court, said Dixie Scholtes, administrative clerk in Frederick County District Court.

Until recently, the information had been shared with the Frederick County Sheriff's Office. With the next report, Scholtes will begin forwarding it to area shelters like Heartly House. The data have never been compiled into statistics on conviction rates.

Even when statistics about domestic violence convictions are available, Brown said, they can be unreliable. Cases are often dismissed because couples file charges out of spite when no real injury exists.

Finally, statistics do not take into account marital privilege, the one-time right to refuse to testify against a spouse. In 2007, 63 victims invoked the marital privilege, 55 of them women, Brown said.

"It's OK. I still love him."

Victims can actually hurt their cases.

Only a fraction are cooperative and want to see a conviction, Brown said. It's hard to convince jurors to ignore what the victim is saying in court and believe a statement made the day of the incident.

"You have this victim sitting up there telling the jurors, 'It's OK. I still love him. The police made it up.'" she said. "How do you get over that?"

In cases where few or no witnesses exist outside the couple, juries look for what she calls "CSI evidence" -- bloody handprints, dirt from a shoe, video of the crime.

"It's crazy the kind of stuff they're looking for," she said.

Prosecutors try to strengthen the cases with such evidence as 911 calls, police photos and independent witnesses.

Even with the evidence, victims will often tell Brown the injury is their own fault. The excuses are unbelievable, she said.

"They'll say, 'I was drunk. I fell down the stairs,'" she said. " ... You've got this 911 call where they're screaming, screaming: 'He's chasing me down the stairs.' It's almost chilling when you hear it. And then a month later they come into court and everything is fine."

Other times, a victim decides to come forward but has no evidence of past abuses, Brown said. Victims can list prior offenses, but there may not be any witnesses, photos or police calls.

"They feel they're ready to move on, and we can only prove the most recent charge," she said.

"You're dealing with everyday lives."

The unique nature of domestic abuse cases led to the creation of the domestic violence docket in the district court in October 2005. The docket -- or list of cases to be tried -- contains only 20 cases to be heard in a morning, all abuse-related. Brown said this prevents the distraction of more complicated cases, like theft or robbery.

"You get into a flow," Brown said. "The judges know it's a domestic violence docket and give you a little more time to work with your victims. If one of your victims is having a hard time before the trial, they'll let you go talk to them."

While domestic violence cases are being heard, there are two victim witness coordinators instead of one. These coordinators are in contact with victims from the beginning of the case, answering questions, helping them find services and housing -- even helping them move.

The atmosphere in the courtroom is also different, Brown said.

"It's a lot more emotional," she said. "You're dealing with everyday lives. You know that when they leave they're very likely going back to the same situation and it's going to happen again."

Since the docket was started, about 60 domestic violence cases have been tried every month. Brown prosecutes many of the cases. Before becoming chief of the district court division in 2001, she worked as a district court prosecutor and in the child abuse and sex offense division.

She finds it most rewarding to work with crime victims.

The frustrations of prosecuting defendants is worth it, she said, "if you can help someone get some sense of satisfaction, of safety."

"Stranger than fiction."

Despite obstacles presented by victims and juries, the state does get convictions.

"Sometimes a victim gets up and they look so scared, and you can tell they're trying to save themselves from future abuse," she said, "because the defendant is sitting there staring at them."

Sentences vary based on the severity of the offense and the defendant's record, Brown said. Of those with prior convictions, most go to jail. At the district court level, the majority go to the Frederick County Detention Center, where they can be held for a maximum of 18 months.

Most defendants don't have a record, Brown said. Others will have prior arrests but no convictions, often because victims claim marital privilege.

"We've had people get married so they don't have to testify," she said. "It's horrible. This place is sometimes stranger than fiction."

Repeat offenders do exist, she said.

"A lot of the same names come across our desks," she said.

If the victim and prosecutors ask for counseling, judges will usually require the defendant to attend. For others, just the experience of being in court will scare them and make them want to change.

"There are some men and women who have said 'I'm not going to put up with it anymore. This isn't good for my children. I'm done.'" she said. "Those are the ones where we feel really good."

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