Domestic Abuse Laws
Washington D.C.
Current through December 1, 2002
Note: This page features auto-scrolling links by statute.
TITLE 16. PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS.
CHAPTER 10. PROCEEDINGS REGARDING INTRAFAMILY OFFENSES.
SUBCHAPTER I. INTRAFAMILY PROCEEDINGS GENERALLY.
DC CODE D. II, T. 16, Ch. 10, Subch. I, References and Annotations
CHAPTER 9A. CRIMINAL ABUSE AND NEGLECT OF VULNERABLE ADULTS.
§ 16-1001. Definitions.
For purposes of this subchapter:
(1) 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.
(2) The term "Director of Social Services" means the Director of Social Services in the Superior Court of the District of Columbia.
(3) The term "Family Division" means the Family Division of the Superior Court of the District of Columbia.
(4) The term "family member" includes any individual in the relationship described in paragraph (5).
(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.
(6) The term "respondent" means any person who is accused of having committed an intrafamily offense in a petition for protection filed under this subchapter.
§ 16-1002. Complaint of criminal conduct; referrals to Family Division.
(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.
§ 16-1003. Petition for civil protection.
(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.
§ 16-1004. Petition; notice; temporary order.
(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) 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 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.
§ 16-1005. Hearing; evidence; protection order.
(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.
(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 Family Division finds that there is good cause to believe the respondent has committed or is threatening an intrafamily offense, 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; or
(11) combining two or more of the directions or requirements prescribed by the preceding paragraphs.
(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 Family Division may specify, but the Family Division 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 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.
§ 16-1006. Dismissal of petition; notice.
The Family Division may dismiss a petition if the matter is not appropriate for disposition in the Family Division.
§ 22-931. Short title.
This chapter may be cited as the "Criminal Abuse and Neglect of Vulnerable Adults Act of 2000".
§ 22-932. Definitions.
For the purpose of this chapter "vulnerable adult" means a person 18 years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection.
§ 22-933. Criminal Abuse of a Vulnerable Adult.
A person is guilty of criminal abuse of a vulnerable adult if that person intentionally or knowingly:
(1) Inflicts or threatens to inflict physical pain or injury by hitting, slapping, kicking, pinching, biting, pulling hair or other corporal means;
(2) Uses repeated or malicious oral or written statements that would be considered by a reasonable person to be harassing or threatening; or
(3) Imposes unreasonable confinement or involuntary seclusion, including but not limited to, the forced separation from other persons against his or her will or the directions of any legal representative.
§ 22-934. Criminal Negligence.
A person who knowingly, willfully or through a wanton, reckless or willful indifference fails to discharge a duty to provide care and services necessary to maintain the physical and mental health of a vulnerable adult, including but not limited to providing adequate food, clothing, medicine, shelter, supervision and medical services, that a reasonable person would deem essential for the well-being of the vulnerable adult is guilty of criminal negligence.
§ 22-935. Exception.
A person shall not be considered to commit an offense of abuse or neglect under this chapter for the sole reason that he provides or permits to be provided treatment by spiritual means through prayer alone in accordance with a religious method of healing, in lieu of medical treatment, to the vulnerable adult to whom he has a duty of care with the express consent or in accordance with the practice of the vulnerable adult.
§ 22-936. Penalties.
(a) A person who commits the offense of criminal abuse or criminal neglect of a vulnerable person shall be subject to a fine of up to $1000, imprisoned for not more than 180 days, or both.
(b) A person who commits the offense of criminal abuse or criminal neglect of a vulnerable adult which causes serious bodily injury or severe mental distress shall be subject to a fine of up to $100,000, imprisoned up to 10 years, or both.
(c) A person who commits the offense of criminal abuse or criminal neglect of a vulnerable adult which causes permanent bodily harm or death shall be subject to a fine of up to $250,000, imprisoned up to 20 years, or both.
