A.R. v. F.C.

33 A.3d 403, 2011 D.C. App. LEXIS 693, 2011 WL 6445100
CourtDistrict of Columbia Court of Appeals
DecidedDecember 22, 2011
DocketNo. 11-FM-766
StatusPublished
Cited by12 cases

This text of 33 A.3d 403 (A.R. v. F.C.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.R. v. F.C., 33 A.3d 403, 2011 D.C. App. LEXIS 693, 2011 WL 6445100 (D.C. 2011).

Opinion

FISHER, Associate Judge:

The Superior Court dismissed A.R.’s petition for a civil protection order because she was not in an “interpersonal, intimate partner, or intrafamily” relationship with the respondent. See D.C.Code § 16-1001(12) (2011 Supp.) (definition of “petitioner”). Because D.C.Code §§ 16-1001 and 16-1003 in combination make civil protection orders available to persons who allege stalking, sexual assault, or sexual abuse but have no prior relationship with the alleged offender, we reverse and remand for further proceedings.

I.

On February 25, 2011, A.R. filed a petition for a Civil Protection Order (“CPO”) in the Domestic Violence Unit of the Superior Court and requested that a Temporary Protection Order (“TPO”) be issued against F.C. At an ex parte TPO hearing held the same day, A.R. alleged that F.C. had sexually assaulted her. A.R. testified that she and the respondent had not been “boyfriend and girlMend,” nor were they “living together” or in an “intimate relationship.” Rather, respondent was an acquaintance, “one of the best friends of [405]*405[her] ex-boyfriend.” After determining that the parties were not in an “interpersonal, intimate partner, or intrafamily” relationship, the trial judge concluded that there was no “relationship here that would make this an appropriate matter for Domestic Violence Court.” For this reason, and without determining whether A.R.’s allegations against F.C. were true, the court dismissed the petition on legal grounds.1 We likewise decide only the legal question before us, having no means or authority to evaluate the truth of petitioner’s claims.

II.

When interpreting a statute, the judicial task is to discern, and give effect to, the legislature’s intent. Grayson v. AT & T Corp., 15 A.3d 219, 237 (D.C.2011) (en banc). “The primary and general rule of statutory construction is that the intent of the lawmaker is to be found in the language that he has used.” Tippett v. Daly, 10 A.3d 1123, 1126 (D.C.2010) (en banc) (quoting Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C.1983) (en banc)). “[Individual words of a statute are to be read in the light of the statute taken as a whole, and where possible, courts should avoid constructions at variance with the policy of the legislation as a whole.” District of Columbia v. Beretta U.S.A. Corp., 940 A.2d 163, 171 (D.C.2008) (quotation marks and citations omitted).

III.

Section 16-1003 (a) of the D.C.Code permits a “petitioner” to “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....”2 The broad sweep of this language is limited significantly by a companion provision which defines a “petitioner” as “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.” D.C.Code § 16-1001(12) (2011 Supp.).

Focusing on this definition, the trial court held that § 16-1001(12) grants access to civil protection orders only to persons alleging an “interpersonal, intimate partner, or intrafamily” relationship with the respondent. In other words, the court concluded that these adjectives limit the reach of each of the following four terms— “violence,” “stalking,” “sexual assault,” and “sexual abuse.” . Under this reading, a victim could not qualify for a civil protection order based on an allegation of stalking, sexual assault, or sexual abuse by a stranger or a mere acquaintance. Petitioner argues to the contrary that the statute permits victims of “stalking, sexual assault, or sexual abuse” to apply for a CPO regardless of their relationship to the respondent. We agree with petitioner.

D.C.Code §§ 16-1001(6), (7), and (9) define “interpersonal violence,” “intimate partner violence,” and “intrafamily violence.”3 These terms are also easily recognizable within the definition of “petition[406]*406er.” D.C.Code § 16-1001(12) (2011 Supp.) (defining “petitioner” as “any person who alleges ... that he or she is the victim of interpersonal, intimate partner, or intra-family violence, stalking, sexual assault, or sexual abuse.”) (emphasis added). The Council used this same shorthand phrasing elsewhere in the same definitional section. See D.C.Code § 16-1001(8) (2011 Supp.) (defining “intrafamily offense” as “interpersonal, intimate partner, or intrafamily violence,” not as “interpersonal violence, intimate partner violence, or intrafamily violence.”).

While the Council could have, and perhaps should have, inserted the noun “violence” after each adjective (“interpersonal, intimate partner, and intrafamily”), the statute’s meaning is plain without this repetition. Had the Council elongated its description, the term “petitioner” would be defined as “any person who alleges, or for whom is alleged, that he or she is the victim of interpersonal violence, intimate partner violence, or intrafamily violence, stalking, sexual assault, or sexual abuse.” In our view, this approach would not change the definition of “petitioner,” but it would make it more clear that the terms “interpersonal,” “intimate partner,” and “intrafamily” do not modify “stalking,” “sexual assault,” or “sexual abuse.”

The trial court would apply the qualifiers “interpersonal, intimate partner, or in-trafamily” not only to “violence,” but also to “stalking, sexual assault, or sexual abuse.” But doing so would create nine new, undefined categories of CPO-eligible petitioners, and the limits of these categories would be highly uncertain. For instance, although the Council was careful to define “interpersonal violence,” “intimate partner violence,” and “intrafamily violence” in this subsection, nowhere in the D.C.Code has the Council provided a definition for the otherwise inscrutable terms “interpersonal sexual abuse” and “intra-family stalking” created by the trial judge’s reading. On the other hand, the unadorned terms “stalking,” “sexual assault,” and “sexual abuse” have clear meanings in the criminal law. See D.C.Code §§ 22-3001 to 22-3005 (sexual abuse); 22-3131 to 22-3133 (2011 Supp.) (stalking); Davis v. United States, 873 A.2d 1101

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Bluebook (online)
33 A.3d 403, 2011 D.C. App. LEXIS 693, 2011 WL 6445100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ar-v-fc-dc-2011.