§ 16-1004 — Petition; temporary protection order.

District of Columbia § 16-1004

• Jurisdiction: District of Columbia
• Title 16: Particular Actions, Proceedings and Matters. [Enacted title]
• Ch. 10: Proceedings Regarding Intrafamily Offenses.
• Subch. I: Intrafamily Proceedings Generally.

Text

(a) Upon receipt of a petition filed pursuant to § 16-1003 , the Domestic Violence Division shall:

(1) Order that a hearing be held to determine whether to issue a civil protection order against the respondent; and

(2) Where appropriate, consolidate the case with other matters before the court involving the same parties.

(b) When petitioning for a civil protection order, a petitioner or a person petitioning on the petitioner's behalf may also request that a temporary protection order be issued without notice to the respondent.

(c) If the petitioner or a person petitioning on the petitioner's behalf requests that the court issue a temporary protection order pursuant to subsection (b) of this section, the court shall grant or deny the request after a hearing held on the same day that the request was made, unless the request is filed too late in the day to permit effective review, in which case the court shall grant or deny the request after a hearing held the next day the court is open.

(d) The court may issue a temporary protection order if the petitioner or a person petitioning on the petitioner's behalf establishes that the safety or welfare of the petitioner, or an animal the petitioner owns, possesses, or controls, is immediately endangered by the respondent.

(1) A temporary protection order shall remain in effect for an initial period not to exceed 14 days as necessary to complete service and the hearing on the petition.

(2) The court may extend a temporary protection order as necessary to complete service and the hearing on the petition:

(A) In 14-day increments;

(B) In increments up to 28 days for good cause; or

(C) For a longer time period with the consent of both parties.

(f) The court may modify or terminate a temporary protection order.

(g) If a respondent fails to appear for a hearing on a petition for a civil protection order after having been served with notice of the hearing, a petition, and a temporary protection order in accordance with the Rules of the Superior Court of the District of Columbia, and the court enters a civil protection order 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.

(h) A temporary protection order issued under this section:

(1) May include any of the relief set forth in § 16-1005(c) ;

(2) Shall require that the respondent relinquish possession of any firearms or ammunition and prohibit the respondent from having possession or control of, purchasing, or receiving any firearm or ammunition while the protection order is in effect.

(i) A temporary protection order issued pursuant to this section shall include 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 shall remain in effect until the respondent is served with the civil protection order or the civil protection order expires, whichever occurs first.

Legislative History

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