The DC Code: § 16-1004 Petition; notice; temporary order.

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.

Historical and Statutory

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. DC CODE § 16-1004 Current through December 11, 2012

Credits

(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.)