District of Columbia Domestic Violence Laws

Victims of domestic violence often feel trapped, with nowhere to go. Since abusers tend to live in the same house as the victim, finding a safe place can feel nearly impossible. The District of Columbia's family law on domestic violence provides victims with protection orders to force an abuser to immediately leave a shared house. This is a quick summary of family law on domestic violence in the District of Columbia.

Obtaining Safety from Domestic Violence in the District of Columbia: Overview

Under District of Columbia law, domestic violence is labeled as an "intrafamily offense." This crime is characterized as either interpersonal, intimate partner, or intrafamily violence. The following table outlines the specifics of the district's law on domestic violence.

Protection Order: Notice and Hearing

Upon a filing a petition for civil protection, the court must set a time for a hearing. The offenders must be properly served with a notice before the date of the hearing. After a hearing, if the court finds that there is good cause to believe the offender has committed or threatened to commit a criminal offense against the petitioner or an animal in the petitioner's household, the judicial officer may issue a protection order that:

• Directs the offender to refrain from committing or threatening to commit criminal offenses against the petitioner;
• Requires the offender to stay away from or have no contact with the petitioner;
• Requires the offender to participate in psychiatric or medical treatment;
• Directs the offender to refrain from entering, or to vacate, a shared dwelling unit with the petitioner
• Directs the offender to relinquish possession or use of certain personal property owned jointly by the parties;
• Awards temporary custody of a minor child of the parties;
• Provides for visitation rights with appropriate restrictions to protect the safety of the petitioner;
• Awards costs and attorney fees;
• Directs the offender to relinquish possession of any firearms;
• Directs the care, custody, or control of a domestic animal that belongs to petitioner or offender; and/or
• Directs the offender to perform or refrain from other actions as may be appropriate to the effective resolution of the matter.

A protection order will remain in effect for up to one year as the court may specify. The court also may extend, rescind, or modify the order upon the showing of good cause.

Penalties for Violations of Protective Orders

Any person who violates an protection order issued by the District of Columbia or any valid foreign protection order will be charged with a misdemeanor and will be subject to certain penalties. Upon conviction, the offender will be punished by a fine up to $1,000, up to 180 days in prison, or both.

Getting Help

If you are a victim of domestic violence, immediately call 911 during any emergency. If you're facing a domestic violence charge and require additional legal assistance, you should contact an experienced District of Columbia criminal defense attorney as soon as possible. Remember to tell your attorney what happened, whether there's a protection order, and if you have guns.