For the purposes of this subchapter, the term:
(1) "Attorney General" means the Attorney General for the District of Columbia.
(2) "Court" means the Superior Court of the District of Columbia.
(3) "Custodian" shall have the meaning as provided in § 16-2301(12).
(4) "Domestic partnership" shall have the same meaning as provided in § 32- 701(4).
(5) "Domestic Violence Unit" means any subdivision of the court designated by court rule, or by order of the Chief Judge of the court, to hear proceedings under this subchapter.
(6) "Interpersonal violence" means an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person:
(A) With whom the offender shares or has shared a mutual residence; or
(B) Who is or was married to, in a domestic partnership with, divorced or separated from, or in a romantic, dating, or sexual relationship with another person who is or was married to, in a domestic partnership with, divorced or separated from, or in a romantic, dating, or sexual relationship with the offender.
(7) "Intimate partner violence" means an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person:
(A) To whom the offender is or was married;
(B) With whom the offender is or was in a domestic partnership; or
(C) With whom the offender is or was in a romantic, dating, or sexual relationship.
(8) "Intrafamily offense" means interpersonal, intimate partner, or intrafamily violence.
(9) "Intrafamily violence" means an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person to whom the offender is related by blood, adoption, legal custody, marriage, or domestic partnership, or with whom the offender has a child in common.
(10) "Judicial officer" means the Chief Judge, an Associate Judge, or a Magistrate Judge of the court.
(11) "Minor" means a person under 18 years of age.
(12) "Petitioner" means any person who alleges, or for whom is alleged, that he or she is the victim of interpersonal, intimate partner, or intrafamily violence, stalking, sexual assault, or sexual abuse.
(13) "Respondent" means any person 12 years of age or older against whom a petition for civil protection is filed under this subchapter.
(July 29, 1970, 84 Stat. 546, Pub. L. 91-358, title I, § 131(a); Sept. 14, 1982, D.C. Law 4-144, § 2, 29 DCR 3131; Apr. 30, 1991, D.C. Law 8-261, § 2(c)(1), 37 DCR 5001; Mar. 21, 1995, D.C. Law 10-237, § 2(a), 42 DCR 36; Mar. 24, 1998, D.C. Law 12-81, § 10(i), 45 DCR 745; Apr. 24, 2007, D.C. Law 16-306, § 206(a), 53 DCR 8610; Dec. 5, 2008, D.C. Law 17-281, § 107(a), 55 DCR 9186; Mar. 25, 2009, D.C. Law 17-368, § 3(b)(2), 56 DCR 1338.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1001.
1973 Ed., § 16-1001.
Effect of Amendments
D.C. Law 16-306 rewrote par. (5), which had read as follows:
"(5) The term 'intrafamily offense' means an act punishable as a criminal offense committed by an offender upon a person:
"(A) to whom the offender is related by blood, legal custody, marriage, having a child in common, or with whom the offender shares or has shared a mutual residence; or
"(B) with whom the offender maintains or maintained a romantic relationship not necessarily including a sexual relationship. A person seeking a protection order under this subparagraph shall reside in the District of Columbia or the underlying intrafamily offense shall have occurred in the District of Columbia."
D.C. Law 17-281 redesignated existing pars. (1) to (6) as pars. (2) to (7); and added par. (1).
D.C. Law 17-368 rewrote the section, which had read as follows:
"For purposes of this subchapter:
"(1) The term 'animal cruelty' means cruelty to an animal as defined in § 22- 1001(a).
"(2) The term 'complainant' means an individual in the relationship described in paragraph (5) who is the victim of an intrafamily offense and who files or for whom is filed a petition for protection under this subchapter.
"(3) The term 'Director of Social Services' means the Director of Social Services in the Superior Court of the District of Columbia.
"(4) The term 'Family Division' means the Family Division of the Superior Court of the District of Columbia.
"(5) The term 'family member' includes any individual in the relationship described in paragraph (5).
"(6) The term 'intrafamily offense' means an act punishable as a criminal offense committed by an offender upon a person:
"(A) To whom the offender is related by blood, legal custody, marriage, domestic partnership, having a child in common, or with whom the offender shares or has shared a mutual residence;
"(B) With whom the offender maintains or maintained a romantic relationship not necessarily including a sexual relationship; provided, that a person seeking a protection order under this subparagraph shall reside in the District of Columbia or the underlying intrafamily offense shall have occurred in the District of Columbia;
"(C) Who was or is married to, a domestic partner of, divorced or separated from, or in a romantic relationship, not necessarily including a sexual relationship, with a person who was or is married to, a domestic partner of, divorced or separated from, or in a romantic relationship, not necessarily including a sexual relationship, with the offender; or
"(D) Who had been stalked or is being stalked by the offender.
"(7) The term 'respondent' means any person who is accused of having committed an intrafamily offense in a petition for protection filed under this subchapter."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 206(a) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 206(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 206(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 206(a) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
Law 4-144, the "Proceedings Regarding Intrafamily Offenses Amendment Act of 1982," was introduced in Council and assigned Bill No. 4-195, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 8, 1982, and June 22, 1982, respectively. Signed by the Mayor on July 12, 1982, it was assigned Act No. 4-212 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 8-261, see Historical and Statutory Notes following § 16-1031.
Law 10-237, the "Domestic Violence in Romantic Relationships Act of 1994," was introduced in Council and assigned Bill No. 10-477, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 27, 1994, it was assigned Act No. 10-380 and transmitted to both Houses of Congress for its review. D.C. Law 10-237 became effective on March 21, 1995.
Law 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.
Law 16-306, the "Omnibus Public Safety Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-247, which was referred to Committee on the Judiciary. The Bill was adopted on first and second readings on June 6, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 17, 2006, it was assigned Act No. 16-482 and transmitted to both Houses of Congress for its review. D.C. Law 16-306 became effective on April 24, 2007.
Law 17-281, the "Animal Protection Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-89 which was referred to the Committees on Health and Public Safety and Judiciary. The Bill was adopted on first and second readings on July 1, 2008, and July 15, 2008, respectively. Signed by the Mayor on August 4, 2008, it was assigned Act No. 17-493 and transmitted to both Houses of Congress for its review. D.C. Law 17-281 became effective on December 5, 2008.
For Law 17-368, see notes following § 16-801.
A petitioner has a right to seek relief under this subchapter. This right does not depend on the decision of the Attorney General, the United States Attorney for the District of Columbia, or a prosecuting attorney in any jurisdiction to initiate or not to initiate a criminal or delinquency case or on the pendency or termination of a criminal or delinquency case involving the same parties or issues. Testimony of the respondent in any civil proceedings under this subchapter shall be inadmissible as evidence in a criminal trial or delinquency proceeding except in a prosecution for perjury or false statement.
(July 29, 1970, 84 Stat. 546, Pub. L. 91-358, title I, § 131(a); Sept. 14, 1982, D.C. Law 4-144, § 3, 29 DCR 3131; Mar. 24, 1998, D.C. Law 12-81, § 10(j), 45 DCR 745; Mar. 25, 2009, D.C. Law 17-368, § 3(b)(2), 56 DCR 1338.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1002.
1973 Ed., § 16-1002.
Effect of Amendments
D.C. Law 17-368 rewrote the section, which had read as follows:
"(a) If, upon the complaint of any person of criminal conduct by another or the arrest of a person charged with criminal conduct, it appears to the United States Attorney for the District of Columbia (hereafter in this subchapter referred to as the 'United States attorney') that the conduct involves an intrafamily offense, he shall notify the Director of Social Services. The Director of Social Services may investigate the matter and make such recommendations to the United States attorney as the Director deems appropriate.
"(b) The United States attorney may also (1) file a criminal charge based upon the conduct and may consult with the Director of Social Services concerning appropriate recommendations for conditions of release taking into account the intrafamily nature of the offense; or (2) refer the matter to the Corporation Counsel for the filing of a petition for civil protection in the Family Division. Prior to any such referral, the United States attorney shall consult with the Director of Social Services concerning the appropriateness of the referral.
"(c) The institution of criminal charges by the United States attorney shall be in addition to, and shall not affect the rights of the complainant to seek any other relief under this subchapter. Testimony of the respondent in any civil proceedings under this subchapter and the fruits of that testimony shall be inadmissible as evidence in a criminal trial except in a prosecution for perjury or false statement."
Legislative History of Laws
For legislative history of D.C. Law 4-144, see Historical and Statutory Notes following § 16-1001.
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-1001.
For Law 17-368, see notes following § 16-801.
(a) A petitioner, or a person authorized by this section to act on petitioner's behalf, may file a petition for civil protection in the Domestic Violence Unit against a respondent who has allegedly committed or threatened to commit one or more criminal offenses against the petitioner; provided, that:
(1) If the petitioner is a minor, the petitioner's parent, guardian, custodian, or other appropriate adult may file a petition for civil protection on the petitioner's behalf;
(2) A minor who is 16 years of age or older may file a petition for civil protection on his or her own behalf;
(3) A minor who is at least 12 but less than 16 years of age and a victim of intimate partner violence may file a petition for civil protection and participate in a hearing to seek a temporary protection order without a parent, guardian, custodian, or other appropriate adult acting on his or her behalf, but, under these circumstances, the court may appoint an attorney for the minor in accordance with section 16-1005(a-1)(3), if necessary, and if doing so will not unduly delay the issuance or denial of a temporary protection order;
(4) A minor who is at least 12 but less than 16 years of age and a victim of interpersonal or intrafamily violence may petition for civil protection only if his or her parent, guardian, or custodian files the petition on his or her behalf;
(5) A minor who is less than 12 years of age may petition for civil protection only if his or her parent, guardian, or custodian files the petition on his or her behalf; and
(6) A custodial parent, guardian, or custodian of a minor may not file a petition for civil protection against the minor.
(b) The Attorney General may provide individual legal representation to a petitioner, or person authorized by this section to act on petitioner's behalf, who files a petition in accordance with subsection (a) of this section. Whenever the Attorney General represents a petitioner under subsection (a) of this section, the representation shall continue until the civil protection order terminates or the Attorney General withdraws his or her appearance, whichever is earlier.
(c) If a petitioner is unable to file a petition on his or her own behalf or with the assistance of a parent, guardian, custodian, or other appropriate adult in accordance with subsection (a) of this section, the Attorney General may file a petition for civil protection on the petitioner's behalf at the request of the petitioner, the petitioner's representative, or a government agency. When proceeding on a petition filed under this subsection, the Attorney General represents the interests of the District of Columbia.
(July 29, 1970, 84 Stat. 546, Pub. L. 91-358, title I, § 131(a); Sept. 14, 1982, D.C. Law 4-144, § 4, 29 DCR 3131; Mar. 21, 1995, D.C. Law 10-237, § 2(b), 42 DCR 36; Mar. 25, 2009, D.C. Law 17-368, § 3(b)(2), 56 DCR 1338.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1003.
1973 Ed., § 16-1003.
Effect of Amendments
D.C. Law 17-368 rewrote the section, which had read as follows:
"(a) Upon referral by the United States attorney, or upon application of any person or agency for a civil protection order with respect to an intrafamily offense committed or threatened, the Corporation Counsel may file a petition for civil protection in the Family Division. In the alternative to referral to the Corporation Counsel, a complainant on his or her own initiative may file a petition for civil protection in the Family Division.
"(b) In any matter referred to the Corporation Counsel by the United States attorney in which the Corporation Counsel does not file a petition, he shall so notify the United States attorney.
"(c) Whenever a petition is filed by a complainant at his or her initiative or whenever private counsel enters an appearance in a case originally petitioned by the Corporation Counsel, the complainant or his or her counsel shall promptly notify the Corporation Counsel regarding the filing or entry of appearance.
"(d) An action for an intrafamily offense under section 16-1001(5)(B) shall not be brought more than 2 years from the date the right to maintain the action accrues."
Legislative History of Laws
For legislative history of D.C. Law 4-144, see Historical and Statutory Notes following § 16-1001.
For legislative history of D.C. Law 10-237, see Historical and Statutory Notes following § 16-1001.
For Law 17-368, see notes following § 16-801.
(a) Upon a filing of a petition for civil protection, the Domestic Violence Unit shall set the matter for hearing, consolidating it, where appropriate, with other matters before the court involving members of the same family.
(b)(1) If, upon the filing of a petition under oath, a judicial officer finds that the safety or welfare of the petitioner or a household member is immediately endangered by the respondent, the judicial officer may issue, ex parte, a temporary protection order.
(2) An initial temporary protection order shall not exceed 14 days except, if the last day falls on a Saturday, Sunday, a day observed as a holiday by the court, or a day on which weather or other conditions cause the court to be closed, the temporary protection order shall extend until the end of the next day on which the court is open. The court may extend a temporary protection order in additional 14 day increments, or longer increments with the consent of the parties, as necessary until a hearing on the petition is completed.
(3) If a respondent fails to appear for a hearing on a petition for civil protection after having been served in accordance with the Rules of the Superior Court of the District of Columbia, and a civil protection order is entered in accordance with § 16-1005, the temporary protection order shall remain in effect until the respondent is served with the civil protection order or the civil protection order expires, whichever occurs first.
(c) A temporary protection order issued pursuant to this section shall include a notice explaining that:
(1) If the day on which the temporary protection order is set to expire is a Saturday, Sunday, a day observed as a holiday by the court, or a day on which the weather or other conditions cause the court to be closed, the temporary protection order shall remain in effect until the end of the next day on which the court is open; and
(2) If the respondent fails to appear for a hearing on a petition for civil protection after having been served, and a civil protection order is entered, the temporary protection order will remain in effect until the respondent is served with the civil protection order or the civil protection order expires, whichever occurs first.
(d) Pursuant to the Rules of the Superior Court of the District of Columbia, the respondent, and in cases where the respondent is a minor, the respondent's custodial parent, guardian, or custodian, shall be served with notice of the hearing and an order to appear, a copy of the petition, and a temporary protection order, if entered. The court may also cause notice to be served on others whose presence at the hearing is necessary to the proper disposition of the matter.
(e) If a minor has filed a petition for civil protection without a parent, guardian, or custodian, and if the minor is residing with a parent, guardian, or custodian, the court shall send a copy of any order issued pursuant to subsection (b)(1) of this section and notice of the hearing to that parent, guardian, or custodian, unless, in the discretion of the court, notification of that parent, guardian, or custodian would be contrary to the best interests of the minor. If the court does not send notice to the parent, guardian, or custodian with whom the minor resides, the court may, in its discretion, send notice to any other parent, guardian, custodian, or other appropriate adult.
(July 29, 1970, 84 Stat. 547, Pub. L. 91-358, title I, § 131(a); Sept. 14, 1982, D.C. Law 4-144, § 5, 29 DCR 3131; Mar. 2, 2007, D.C. Law 16-204, § 4, 53 DCR 9059; Mar. 25, 2009, D.C. Law 17-353, § 143, 56 DCR 1117; Mar. 25, 2009, D.C. Law 17-368, § 3(b)(2), 56 DCR 1338.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1004.
1973 Ed., § 16-1004.
Effect of Amendments
D.C. Law 16-204, in subsec. (d), designated existing text as paragraph (1); in newly designated paragraph (1), substituted "of not more than 14 days duration, subject to extensions as provided in paragraph (2) of this subsection" for "of not more than 14 days duration"; and inserted new paragraphs (2), (3) and (4).
D.C. Law 17-353 validated a previously made technical correction.
D.C. Law 17-368 rewrote the section, which had read as follows:
"(a) Upon a filing of a petition for civil protection by the Corporation Counsel or by a complainant, the Family Division shall set the matter for hearing, consolidating it, where appropriate, with other matters before the Family Division involving members of the same family.
"(b) With respect to a petition for civil protection filed by the Corporation Counsel, the Family Division shall cause notice of the hearing to be served on the respondent, the complainant and, if appropriate, the family member endangered (or, if a child, the person then having physical custody of the child), the Director of Social Services, and the Corporation Counsel. The respondent shall be served with a copy of the petition together with the notice and shall be directed to appear at the hearing. The Family Division may also cause notice to be served on other members of the family whose presence at the hearing is necessary to the proper disposition of the matter.
"(c) With respect to a petition for civil protection filed by a complainant himself or herself, the complainant, pursuant to the Rules of the Superior Court of the District of Columbia, shall cause notice of the hearing and a copy of the petition to be served upon the respondent and any other members of the family whose presence at the hearing is necessary to the proper disposition of the matter. Pursuant to the Rules of the Superior Court of the District of Columbia, the complainant shall also cause a subpoena to issue directing the respondent to appear at the hearing.
"(d)(1) If, upon the filing of a petition under oath, the Division finds that the safety or welfare of a family member is immediately endangered by the respondent, it may, ex parte, issue a temporary protection order of not more than 14 days duration, subject to extensions provided in paragraph (2) of this subsection, and direct that the order be served along with the notice required by this section; provided, that a petition for civil protection be filed together with the petition for a temporary protection order and a hearing be commenced on the petition for civil protection prior to the expiration of the temporary protection order.
"(2) If the 14th day falls on a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the Superior Court of the District of Columbia ("Court") to be closed, the duration of the temporary protection order shall extend until the next day in which the Court is open.
"(3) All temporary protection orders issued pursuant to this subsection shall include language explaining, as a matter of law, that if the day on which they are set to expire is a Saturday, Sunday, legal holiday, or a day on which the weather or other conditions cause the Court to be closed, that the temporary protection order shall be extended for the duration provided in paragraph (2) of this subsection.
"(4) For the purposes of this subsection, the term "legal holiday" means any day observed as a holiday by the Court."
Legislative History of Laws
For legislative history of D.C. Law 4-144, see Historical and Statutory Notes following § 16-1001.
Law 16-204, the "Domestic Violence Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-466, which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on July 11, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 25, 2006, it was assigned Act No. 16-504 and transmitted to both Houses of Congress for its review. D.C. Law 16-204 became effective on March 2, 2007.
For Law 17-353, see notes following § 16-571.01.
For Law 17-368, see notes following § 16-801.
(a) Individuals served with notice in accordance with § 16-1004 shall appear at the hearing.
(a-1)(1) In a case where the Attorney General files the petition on behalf of a petitioner pursuant to § 16-1003(c), the petitioner is not a required party.
(2) In a case where a parent, guardian, custodian, or other appropriate adult files a petition on behalf of a minor petitioner under the age of 12, the minor petitioner is not a required party.
(3) In a hearing under this section, if a parent, guardian, custodian, or other appropriate adult has petitioned for civil protection on behalf of a minor petitioner 12 years of age or older, the court shall consider the expressed wishes of the minor petitioner in deciding whether to issue an order pursuant to this section and in determining the contents of such an order.
(4) If a respondent is a minor, or if the petitioner is a minor and at least 12 years of age, and if the minor is not accompanied by a parent, guardian, custodian, other appropriate adult, or represented by an attorney, the court may appoint an attorney to represent the minor if such an appointment would not unduly delay the issuance or denial of a protection order. The court may promulgate rules for the appointment of attorneys.
(b) Notwithstanding section 14-306, in a hearing under this section, one spouse shall be a competent and compellable witness against the other and may testify as to confidential communications, but testimony compelled over a claim of a privilege conferred by such section shall be inadmissible in evidence in a criminal trial over the objection of a spouse entitled to claim that privilege.
(c) If, after hearing, the judicial officer finds that there is good cause to believe the respondent has committed or threatened to commit a criminal offense against the petitioner or against petitioner's animal or an animal in petitioner's household, the judicial officer may issue a protection order that:
(1) Directs the respondent to refrain from committing or threatening to commit criminal offenses against the petitioner and other protected persons;
(2) Requires the respondent to stay away from or have no contact with the petitioner and any other protected persons or locations;
(3) Requires the respondent to participate in psychiatric or medical treatment or appropriate counseling programs;
(4) Directs the respondent to refrain from entering, or to vacate, the dwelling unit of the petitioner when the dwelling is:
(A) Marital property of the parties;
(B) Jointly owned, leased, or rented and occupied by both parties; provided, that joint occupancy shall not be required if the respondent's actions caused the petitioner to relinquish occupancy;
(C) Owned, leased, or rented by the petitioner individually; or
(D) Jointly owned, leased, or rented by the petitioner and a person other than the respondent;
(5) Directs the respondent to relinquish possession or use of certain personal property owned jointly by the parties or by the petitioner individually;
(6) Awards temporary custody of a minor child or children of the parties;
(7) Provides for visitation rights with appropriate restrictions to protect the safety of the petitioner;
(8) Awards costs and attorney fees;
(9) Orders the Metropolitan Police Department to take such action as the judicial officer deems necessary to enforce its orders;
(10) Directs the respondent to relinquish possession of any firearms;
(10A) Directs the care, custody, or control of a domestic animal that belongs to petitioner or respondent or lives in his or her household;
(11) Directs the respondent to perform or refrain from other actions as may be appropriate to the effective resolution of the matter; or
(12) Combines 2 or more of the preceding provisions.
(c-1) For the purposes of subsection (c)(6) and (7) of this section, if the judicial officer finds by a preponderance of evidence that a contestant for custody has committed an intrafamily offense, any determination that custody or visitation is to be granted to the abusive parent shall be supported by a written statement by the judicial officer specifying factors and findings which support that determination. In determining visitation arrangements, if the judicial officer finds that an intrafamily offense has occurred, the judicial officer shall only award visitation if the judicial officer finds that the child and custodial parent can be adequately protected from harm inflicted by the other party. The party found to have committed an intrafamily offense has the burden of proving that visitation will not endanger the child or significantly impair the child's emotional development.
(d) A protection order issued pursuant to this section shall be effective for such period up to one year as the judicial officer may specify, but the judicial officer may, upon motion of any party to the original proceeding, extend, rescind, or modify the order for good cause shown.
(e) Any final order issued pursuant to this section and any order granting or denying extension, modification, or rescission of such order shall be appealable.
(f) Violation of any temporary or final order issued under this subchapter, or violation in the District of Columbia of any valid foreign protection order, as that term is defined in subchapter IV of this chapter, or respondent's failure to appear as required by subsection (a) of this section, shall be punishable as contempt. Upon conviction, criminal contempt shall be punished by a fine not exceeding $1,000 or imprisonment for not more than 180 days, or both.
(g) Any person who violates any protection order issued under this subchapter, or any person who violates in the District of Columbia any valid foreign protection order, as that term is defined in subchapter IV of this chapter, shall be chargeable with a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000 or by imprisonment for not more than 180 days, or both.
(g-1) Enforcement proceedings under subsections (f) and (g) of this section in which the respondent is a child as defined by § 16-2301(3) shall be governed by subchapter I of Chapter 23 of this title.
(h) For purposes of establishing a violation under subsections (f) and (g) of this section, an oral or written statement made by a person located outside the District of Columbia to a person located in the District of Columbia by means of telecommunication, mail, or any other method of communication shall be deemed to be made in the District of Columbia.
(i) Orders entered with the consent of the respondent but without an admission that the conduct occurred shall be punishable under subsection (f), (g), or (g-1) of this section.
(July 29, 1970, 84 Stat. 547, Pub. L. 91-358, title I, § 131(a); Sept. 14, 1982, D.C. Law 4-144, § 6, 29 DCR 3131; Aug. 25, 1994, D.C. Law 10-154, § 2(c), 41 DCR 4870; Mar. 21, 1995, D.C. Law 10-237, § 2(b), 42 DCR 36; Mar. 24, 1998, D.C. Law 12-81, § 10(k), 45 DCR 745; Apr. 11, 2003, D.C. Law 14-296, § 2(b), 50 DCR 320; Mar. 13, 2004, D.C. Law 15-105, §§ 10(a), 54(b), 51 DCR 881; Dec. 5, 2008, D.C. Law 17-281, § 107(b), 55 DCR 9186; Mar. 25, 2009, D.C. Law 17-368, § 3(b)(3), 56 DCR 1338; June 3, 2011, D.C. Law 18-377, § 5, 58 DCR 1174.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1005.
1973 Ed., § 16-1005.
Effect of Amendments
D.C. Law 14-296 rewrote subsecs. (f) and (g); and added subsecs. (h) and (i). Prior to amendment, subsecs. (f) and (g) had read as follows:
"(f) Violation of any temporary or permanent order issued under this subchapter and failure to appear as provided in subsection (a) shall be punishable as contempt.
"(g) Any person who violates any protection order issued under this subchapter shall be chargeable with a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000 or by imprisonment for not more than 180 days, or both."
D.C. Law 15-105, in subsec. (h), substituted "subsections (f) and (g)" for "subsection (g)"; and, in subsec. (i), substituted "subsection (f) or (g) of this section" for "§ 16-1005(f) or (g)".
D.C. Law 17-281, in subsec. (c), inserted ", or animal cruelty," in the lead-in language, deleted "or" from the end of par. (10), and added par. (10A).
D.C. Law 17-368 rewrote subsecs. (a) and (c); added subsecs. (a-1) and (g-1); in subsec. (d), substituted "judicial officer" for "Family Division" in two places; in subsec. (f), substituted "or respondent's failure to appear as required by subsection (a) of this section" for "and respondent's failure to appear as required by § 16-1004(b)"; and, in subsec. (i), substituted "(f), (g), or (g-1)" for "(f) or (g)". Prior to amendment, subsecs. (a) and (c) read as follows:
"(a) Members of the family receiving notice shall appear at the hearing. In addition to the parties, the Corporation Counsel and the Director of Social Services may present evidence at the hearing in cases where the petition was filed by the Corporation Counsel.
"(c) If, after hearing, the Family Division finds that there is good cause to believe the respondent has committed or is threatening an intrafamily offense, or animal cruelty, it may issue a protection order --
"(1) directing the respondent to refrain from the conduct committed or threatened and to keep the peace toward the family member;
"(2) requiring the respondent, alone or in conjunction with any other member of the family before the court, to participate in psychiatric or medical treatment or appropriate counseling programs;
"(3) directing, where appropriate, that the respondent avoid the presence of the family member endangered;
"(4) directing a respondent to refrain from entering or to vacate the dwelling unit of the complainant when the dwelling is (A) marital property of the parties; or (B) jointly owned, leased, or rented and occupied by both parties; provided, that joint occupancy shall not be required if a party is forced by the respondent to relinquish occupancy; or (C) owned, leased, or rented by the complainant individually; or (D) jointly owned, leased, or rented by the complainant and a person other than the respondent;
"(5) directing the respondent to relinquish possession or use of certain personal property owned jointly by the parties or by the complainant individually;
"(6) awarding temporary custody of a minor child of the parties;
"(7) providing for visitation rights with appropriate restrictions to protect the safety of the complainant;
"(8) awarding costs and attorney fees;
"(9) ordering the Metropolitan Police Department to take such action as the Family Division deems necessary to enforce its orders;
"(10) directing the respondent to perform or refrain from other actions as may be appropriate to the effective resolution of the matter;
"(10A) Directing the care, custody, or control of a domestic animal in the household; or
"(11) combining two or more of the directions or requirements prescribed by the preceding paragraphs."
D.C. Law 18-377, in the lead-in language of subsec. (c), substituted "criminal offense against the petitioner or against petitioner's animal or an animal in petitioner's household," for "criminal offense against the petitioner,"; and added subsec. (c)(10A).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of the Domestic Violence Protection Orders Technical Temporary Act of 2003 (D.C. Law 15-48, December 9, 2003, law notification 51 DCR 1783).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Domestic Violence Protection Orders Technical Emergency Act of 2003 (D.C. Act 15-137, July 29, 2003, 50 DCR 6861).
For temporary (90 day) amendment of section, see § 2 of Domestic Violence Protection Orders Technical Congressional Review Emergency Act of 2003 (D.C. Act 15-220, November 7, 2003, 50 DCR 10049).
For temporary (90 day) amendment of section, see § 2 of Domestic Violence Protection Orders Technical Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-328, January 28, 2004, 51 DCR 1597).
For temporary (90 day) amendment of section, see § 505 of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see § 505 of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
Legislative History of Laws
For legislative history of D.C. Law 4-144, see Historical and Statutory Notes following § 16-1001.
Law 10-154, the "Evidence of Intrafamily Offenses in Child Custody Cases Act of 1994," was introduced in Council and assigned Bill No. 10-7, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 7, 1994, and June 21, 1994, respectively. Signed by the Mayor on July 8, 1994, it was assigned Act No. 10-270 and transmitted to both Houses of Congress for its review. D.C. Law 10-154 became effective on August 25, 1994.
For legislative history of D.C. Law 10-237, see Historical and Statutory Notes following § 16-1001.
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-1001.
Law 14-296, the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act of 2002", was introduced in Council and assigned Bill No. 14-212, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 7, 2002, and December 3, 2002, respectively. Signed by the Mayor on December 23, 2002, it was assigned Act No. 14-572 and transmitted to both Houses of Congress for its review. D.C. Law 14-296 became effective on April 11, 2003.
Law 15-105, the "Technical Amendments Act of 2003", was introduced in Council and assigned Bill No. 15-437, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 2003, and December 2, 2003, respectively. Signed by the Mayor on January 6, 2004, it was assigned Act No. 15-291 and transmitted to both Houses of Congress for its review. D.C. Law 15-105 became effective on March 13, 2004.
For Law 17-281, see notes following § 16-1001.
For Law 17-368, see notes following § 16-801.
For history of Law 18-377, see notes under § 16-711.01.
A petitioner may file a petition for protection under this subchapter if:
(1) The petitioner resides, lives, works, or attends school in the District of Columbia:
(2) The petitioner is under the legal custody of a District government agency; or
(3) The underlying offense occurred in the District of Columbia.
(July 29, 1970, 84 Stat. 548, Pub. L. 91-358, title I, § 131(a); Sept. 14, 1982, D.C. Law 4-144, § 7, 29 DCR 3131; Mar. 25, 2009, D.C. Law 17-368, § 3(b)(4), 56 DCR 1338.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1006.
1973 Ed., § 16-1006.
Effect of Amendments
D.C. Law 17-368 rewrote the section, which had read as follows:
"The Family Division may dismiss a petition if the matter is not appropriate for disposition in the Family Division."
Legislative History of Laws
For legislative history of D.C. Law 4-144, see Historical and Statutory Notes following § 16-1001.
For Law 17-368, see notes following § 16-801.
