reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter II - Parental Kidnapping › § 16–1024. Penalties

§ 16–1024. Penalties.
(a) A person who violates any provision of § 16-1022 and who takes the child to a place within the District, or detains or conceals the child within the District of Columbia is guilty of a misdemeanor and on conviction is subject to fine not exceeding $250 or performance of community service not exceeding 240 hours, or both.
(b) A person who violates any provision of § 16-1022 and who takes the child to a place outside the District or detains or conceals the child outside the District shall be punished as follows:
(1) If the child is out of the custody of the lawful custodian for not more than 30 days, the person is guilty of a felony and on conviction is subject to a fine not more than the amount set forth in [§ 22-3571.01] or imprisonment for 6 months, or both, except that if the person releases the child without injury in a safe place prior to arrest, the person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250, or performance of community service not exceeding 240 hours, or imprisonment not exceeding 30 days, or a combination of all three.
(2) If the child is out of the custody of the lawful custodian for more than 30 days, the person is guilty of a felony and on conviction is subject to a fine of not more than the amount set forth in [§ 22-3571.01] or imprisonment for 1 year, or both, except that if the person releases the child without injury in a safe place prior to arrest, the person is guilty of a misdemeanor and, on conviction, is subject to a fine not more than the amount set forth in [§ 22-3571.01] or imprisonment not exceeding 60 days, or both.
(May 23, 1986, D.C. Law 6-115, § 5, 33 DCR 2424; May 10, 1989, D.C. Law 7-231, § 25(e), 36 DCR 492; June 11, 2013, D.C. Law 19-317, § 281(b), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 16-1024.
Section References
This section is referenced in § 23-563.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not exceeding $1,000” in (b)(1); and in (b)(2), substituted “of not more than the amount set forth in [§ 22-3571.01]” for “not exceeding $5,000”, and substituted “not more than the amount set forth in [§ 22-3571.01]” for “not exceeding $500”.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 281(b) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter II - Parental Kidnapping › § 16–1025. Prosecution by Attorney General

§ 16–1025. Prosecution by Attorney General.
Prosecutions under this subchapter shall be brought in the Superior Court of the District of Columbia in name of the District by the Corporation Counsel.
(May 23, 1986, D.C. Law 6-115, § 6, 33 DCR 2424; May 10, 1989, D.C. Law 7-231, § 25(f), 36 DCR 492.)
Prior Codifications
1981 Ed., § 16-1025.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter II - Parental Kidnapping › § 16–1026. Expungement

§ 16–1026. Expungement.
Any parent convicted in the Superior Court of the District of Columbia of violating any provision of this subchapter with respect to his or her child may apply to the court for an order to expunge from all official records all records relating to the conviction at such time that the parent’s youngest child has reached the age of 18 years, provided that the parent has no more than 1 conviction for a violation of this subchapter at the time that the application for expungement is made. Any other person convicted of violating the provisions of this subchapter may apply to the court for an order to expunge all records relating to the conviction 5 years after the conviction, or at such time as the child has reached the age of 18 years, whichever shall later occur, provided that the person has no more than 1 conviction for violating any provision of this subchapter at the time that the application for expungement is made.
(May 23, 1986, D.C. Law 6-115, § 7, 33 DCR 2424; May 10, 1989, D.C. Law 7-231, § 25(g), 36 DCR 492.)
Prior Codifications
1981 Ed., § 16-1026.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter III - Domestic Violence › § 16–1031. Arrests

§ 16–1031. Arrests.
(a) A law enforcement officer shall arrest a person if the law enforcement officer has probable cause to believe that the person:
(1) Committed an intrafamily offense that resulted in physical injury, including physical pain or illness, regardless of whether or not the intrafamily offense was committed in the presence of the law enforcement officer; or
(2) Committed an intrafamily offense that caused or was intended to cause reasonable fear of imminent serious physical injury or death.
(b) The law enforcement officer shall present the person arrested under subsection (a) of this section to the United States Attorney for charging.
(c)(1) Notwithstanding subsections (a) and (b) of this section, a law enforcement officer shall not be required to arrest a person who is under 18 years of age when there is probable cause to believe that the person has committed an intrafamily offense, where the victim of that offense is not an intimate partner, as that term is defined in § 16-1001(6A).
(2) If a person is not arrested under paragraph (1) of this section, the person shall be diverted to a program that provides behavioral health and community support services.
(Apr. 30, 1991, D.C. Law 8-261, § 2(c)(2), 37 DCR 5001; Mar. 25, 2009, D.C. Law 17-368, § 4(g), 56 DCR 1338; Apr. 4, 2017, D.C. Law 21-238, § 102(a), 63 DCR 15312; Apr. 27, 2021, D.C. Law 23-275, § 3(i), 68 DCR 001086.)
Prior Codifications
1981 Ed., § 16-1031.
Section References
This section is referenced in § 23-581.
Effect of Amendments
D.C. Law 17-368, in subsec. (b), deleted “under section 16-1002” following “charging”.
Cross References
Arrests without warrant by law enforcement officers, see § 23-581.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter III - Domestic Violence › § 16–1032. Records

§ 16–1032. Records.
Any law enforcement officer who investigates an intrafamily offense shall file a written report of the incident with the District of Columbia Metropolitan Police force (“Police force”), including the law enforcement officer’s disposition of the case. The Police force shall maintain the written report.
(Apr. 30, 1991, D.C. Law 8-261, § 2(c)(2), 37 DCR 5001.)
Prior Codifications
1981 Ed., § 16-1032.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter III - Domestic Violence › § 16–1033. Civil liability

§ 16–1033. Civil liability.
A law enforcement officer shall not be civilly liable solely because he or she makes an arrest in good faith and without malice pursuant to this subchapter.
(Apr. 30, 1991, D.C. Law 8-261, § 2(c)(2), 37 DCR 5001.)
Prior Codifications
1981 Ed., § 16-1033.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter III - Domestic Violence › § 16–1034. Training program

§ 16–1034. Training program.
(a) The Police force shall incorporate in its educational program for new law enforcement officers training in:
(1) The nature, dimension, and causes of intrafamily offenses;
(2) The legal rights and remedies available to a victim or perpetrator of an intrafamily offense;
(3) The services and facilities available to a victim or perpetrator of an intrafamily offense;
(4) The legal duties imposed on a police officer to enforce the provisions of this subchapter and to offer protection and assistance to a victim of an intrafamily offense; and
(5) Techniques for handling an intrafamily offense that minimize the likelihood of injury to the officer and promote the safety of the victim.
(b) The training shall stress the importance of enforcing the law against intrafamily offenses. The Police force may:
(1) Utilize the resources of any law enforcement agency or community organization; and
(2) Invite any community organization that provides counselling or assistance to victims of intrafamily offenses to help in planning and presenting the training program.
(c) At least 20 hours of basic training in responding to an intrafamily offense shall be required of any new law enforcement officer prior to the law enforcement officer’s permanent appointment.
(d) Any currently employed law enforcement officer shall be required to participate in an 8-hour course designed to familiarize the law enforcement officer with the dynamics of intrafamily offenses.
(Apr. 30, 1991, D.C. Law 8-261, § 2(c)(2), 37 DCR 5001.)
Prior Codifications
1981 Ed., § 16-1034.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter IV - Interstate Enforcement of Domestic Violence Protection; Uniform Law › § 16–1041. Definitions

§ 16–1041. Definitions.
For purposes of this subchapter, the term:
(1) “District” means the District of Columbia.
(2) “Foreign protection order” means a protection order issued by a tribunal of another State.
(3) “Issuing State” means the State whose tribunal issues a protection order.
(4) “Mutual foreign protection order” means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.
(5) “Protected individual” means an individual protected by a protection order.
(6) “Protection order” means an injunction or other order, whether temporary or final, issued by a tribunal for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to, another individual.
(7) “Respondent” means the individual against whom enforcement of a protection order is sought.
(8) “State” means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term “State” includes an Indian tribe or band that has jurisdiction to issue protection orders.
(9) “Tribunal” means a court, agency, or other entity authorized by law to issue or modify a protection order.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
Section References
This section is referenced in § 7-2502.03.
Editor's Notes
Uniform Law: This section is based upon § 2 of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter IV - Interstate Enforcement of Domestic Violence Protection; Uniform Law › § 16–1042. Judicial enforcement of order

§ 16–1042. Judicial enforcement of order.
(a) A person authorized by the law of the District to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of the District. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of the District would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of or for the benefit of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of the District for the enforcement of protection orders.
(b) Except for cases brought under § 16-1005(f) or (g), a tribunal of the District may not enforce a foreign protection order issued by a tribunal of a State that does not recognize the standing of a protected individual to seek enforcement of the order.
(c) A tribunal of the District shall enforce the provisions of a valid foreign protection order that governs custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing State.
(d) A foreign protection order is valid if it:
(1) Identifies the protected individual and the respondent;
(2) Is currently in effect or was in effect at the time of the violation;
(3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing State; and
(4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an ex parte order, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.
(e) A foreign protection order valid on its face is prima facie evidence of its validity.
(f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
(g) A tribunal of the District may enforce provisions of a mutual foreign protection order which favor a respondent only if:
(1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing State; and
(2) The tribunal of the issuing State made specific findings in favor of the respondent.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter IV - Interstate Enforcement of Domestic Violence Protection; Uniform Law › § 16–1043. Nonjudicial enforcement of order

§ 16–1043. Nonjudicial enforcement of order.
(a) A law enforcement officer, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of the District. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
(b) If a foreign protection order is not presented, a law enforcement officer may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(c) Registration or filing of an order in the District is not required for the enforcement of a valid foreign protection order pursuant to this subchapter.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
Editor's Notes
Uniform Law: This section is based upon § 4 of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter IV - Interstate Enforcement of Domestic Violence Protection; Uniform Law › § 16–1044. Registration of order

§ 16–1044. Registration of order.
(a) The Superior Court of the District of Columbia is authorized, subject to appropriations, to create a registry in the District of Columbia for foreign protection orders and protection orders issued in the District of Columbia.
(b) Any individual may register a foreign protection order in the District. To register a foreign protection order, an individual shall:
(1) Present a certified copy of the order to the Superior Court; and
(2) File an affidavit by the protected individual stating that, to the best of the protected individual’s knowledge, the order is currently in effect.
(c) When a registry is created pursuant to subsection (a) of this section, upon receipt of a foreign protection order, the Superior Court shall register the order in accordance with this section. After the order is registered, the Superior Court shall furnish to the individual registering the order a certified copy of the registered order. The Superior Court shall not notify or require notification of the respondent that the protection order has been registered in the District unless requested to do so by the party protected by the order.
(d) The Superior Court shall register an order upon presentation of a copy of a protection order that has been certified by the issuing State. A registered foreign protection order that is inaccurate or is not currently in effect shall be corrected or removed from the registry in accordance with the law of the District.
(e) A foreign protection order registered under this subchapter may be entered in any existing state or federal registry of protection orders, in accordance with applicable law.
(f) A fee may not be charged for the registration of a foreign protection order, nor may a fee be charged for service of a foreign order in the District of Columbia.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter IV - Interstate Enforcement of Domestic Violence Protection; Uniform Law › § 16–1045. Immunity

§ 16–1045. Immunity.
The District and its officers and employees, a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for conduct arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the conduct was done in good faith in an effort to comply with this subchapter.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
Editor's Notes
Uniform Law: This section is based upon § 6 of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter IV - Interstate Enforcement of Domestic Violence Protection; Uniform Law › § 16–1046. Other remedies

§ 16–1046. Other remedies.
A protected individual who pursues remedies under this subchapter is not precluded from pursuing other legal or equitable remedies against the respondent.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
Editor's Notes
Uniform Law: This section is based upon § 7 of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter IV - Interstate Enforcement of Domestic Violence Protection; Uniform Law › § 16–1047. Uniformity of application and construction

§ 16–1047. Uniformity of application and construction.
In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
Editor's Notes
Uniform Law: This section is based upon § 8 of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter IV - Interstate Enforcement of Domestic Violence Protection; Uniform Law › § 16–1048. Transitional provision

§ 16–1048. Transitional provision.
This subchapter applies to protection orders issued before the effective date of this subchapter and to continuing actions for enforcement of foreign protection orders commenced before the effective date of this subchapter. A request for enforcement of a foreign protection order made on or after the effective date of this subchapter for violations of a foreign protection order occurring before the effective date of this subchapter is governed by this subchapter.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
References in Text
The “effective date of this subchapter”, referred to in text, is April 11, 2003, which is the effective date of D.C. Law 14-296.
Editor's Notes
Uniform Law: This section is based upon § 11 of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter V - Domestic Violence Fatality Review Board › § 16–1051. Definitions

§ 16–1051. Definitions.
For purposes of this subchapter, the term:
(1) “Board” means the Domestic Violence Fatality Review Board.
(2) “District” means the District of Columbia.
(3) “Domestic violence fatality” means:
(A) A homicide under any of the following circumstances:
(i) The alleged perpetrator and victim resided together at any time;
(ii) The alleged perpetrator and victim have a child in common;
(iii) The alleged perpetrator and victim were married, divorced, separated, or had a romantic relationship, not necessarily including a sexual relationship;
(iv) The alleged perpetrator is or was married to, divorced, or separated from, or in a romantic relationship, not necessarily including a sexual relationship, with a person who is or was married to, divorced, or separated from, or in a romantic relationship, not necessarily including a sexual relationship, with the victim;
(v) The alleged perpetrator had been stalking the victim;
(vi) The victim filed a petition for a protective order against the alleged perpetrator at any time;
(vii) The victim resided in the same household, was present at the workplace of, was in proximity of, or was related by blood or affinity to a person who experienced or was threatened with domestic violence by the alleged perpetrator; or
(viii) The victim or the perpetrator was or is a child, parent, sibling, grandparent, aunt, uncle, or cousin of a person in a relationship that is described within this subsection.
(B) A suicide of an individual where there were implications that the individual was the victim of domestic violence prior to his or her suicide, including the following circumstances:
(i) The victim had applied for or received a protection order within the 2-year period preceding the suicide;
(ii) The victim had undergone counseling or treatment as a result of being the victim of domestic violence within the 2-year period preceding the suicide; or
(iii) The victim had reported to the police that he or she had been the victim of domestic violence within the 2-year period preceding the suicide.
(4) “Protection order” means an injunction or other order, whether temporary or final, issued by a tribunal for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to, another individual.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter V - Domestic Violence Fatality Review Board › § 16–1052. Establishment and purpose

§ 16–1052. Establishment and purpose.
(a) There is established, as part of the District of Columbia government, a Domestic Violence Fatality Review Board. Facilities and other administrative support may be provided in a specific department or through the Board, as determined by the Mayor.
(b) The purpose of the Board is to prevent domestic violence fatalities by improving the response of individuals, the community, and government agencies to domestic violence.
(c) The Board shall:
(1) Identify and characterize the scope and nature of domestic violence fatalities in the District of Columbia;
(2) Describe and record any trends, data, or patterns that are observed surrounding domestic violence fatalities;
(3) Examine past events and circumstances surrounding domestic violence fatalities by reviewing records and other pertinent documents of public and private agencies responsible for investigating deaths or treating victims;
(4) Develop and revise, as necessary, operating rules and procedures for review of domestic violence fatalities, including identification of cases to be reviewed, coordination among the agencies and professionals involved, and improvement of the identification, data collection, and record keeping of the causes of domestic violence fatalities;
(5) Recommend systemic improvements to promote improved and integrated public and private systems serving victims of domestic violence;
(6) Recommend components for prevention and education programs; and
(7) Recommend training to improve the identification and investigation of domestic violence fatalities.
(d) The Board shall prepare an annual report of findings, recommendations, and steps taken to implement recommendations. The report shall not contain information identifying any victim of domestic violence, or the victim’s family members, or an alleged or suspected perpetrator of abuse upon a victim. The annual report shall be submitted to the public, the Mayor, and the Council on July 1 of each year, and shall be presented to the Council at a public hearing.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(a) of Domestic Violence Fatality Review Board Emergency Act of 2010 (D.C. Act 18-366, April 5, 2010, 57 DCR 3168).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter V - Domestic Violence Fatality Review Board › § 16–1055. Subpoena power

§ 16–1055. Subpoena power.
(a) When necessary for the discharge of its duties, the Board shall have the authority to issue subpoenas to compel witnesses to appear and testify and to produce books, papers, correspondence, memoranda, documents, or other relevant records.
(b) Except as provided in subsection (c) of this section, subpoenas hall be served personally upon the witness or his or her designated agent, not less than 5 business days before the date the witness must appear or the documents must be produced, by one of the following methods, which may be attempted concurrently or successively:
(1) By a special process server, at least 18 years of age, designated by the Board from among the staff of the Board or any of the offices or organizations represented on the Board; provided, that the special process server is not directly involved in the investigation; or
(2) By a special process server, at least 18 years of age, engaged by the Board.
(c) If, after a reasonable attempt, personal service on a witness or witness’ agent cannot be obtained, a special process server identified in subsection (b) of this section may serve a subpoena by registered or certified mail not less than 8 business days before the date the witness must appear or the documents must be produced.
(d) If a witness who has been personally summoned neglects or refuses to obey the subpoena issued pursuant to subsection (a) of this section, the Board may report that fact to the Superior Court of the District of Columbia and the court may compel obedience to the subpoena to the same extent as witnesses may be compelled to obey the subpoenas of the court.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter V - Domestic Violence Fatality Review Board › § 16–1056. Confidentiality of information and proceedings; penalty for unlawful disclosure of information

§ 16–1056. Confidentiality of information and proceedings; penalty for unlawful disclosure of information.
(a) Except as provided in this section, information and records obtained or created by the Board are confidential and not subject to civil discovery or to disclosure pursuant to subchapter II of Chapter 5 of Title 2.
(b) Information and records presented to the Board for review shall not be immune from subpoena, discovery, or prohibited from being introduced into evidence solely because they were presented to or reviewed by the Board if the information and records have been obtained through other sources.
(c) Information required to be reported under §§ 4-1321.02 and 4-1321.03 shall be disclosed by the Board to the Child and Family Services Agency.
(d) An individual who appears before or participates in the Board’s review of domestic violence cases shall sign a confidentiality agreement acknowledging that any information provided to the Board is confidential.
(e) Board meetings are closed to the public and are not subject to § 1-207.42.
(f) Information identifying a victim of domestic violence or that person’s family members, or an alleged perpetrator of abuse upon the victim, shall not be disclosed in any report that is available to the public.
(g)(1) Whoever discloses, receives, makes use of, or knowingly permits the use of information concerning a victim or other person in violation of this section shall be subject to a fine of not more than $1,000.
(2) Violations of this section shall be prosecuted by the Office of the Corporation Counsel in the name of the District of Columbia.
(3) Subject to appropriation for this purpose, any fines collected pursuant to this section shall be used by the Board to fund its activities.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter V - Domestic Violence Fatality Review Board › § 16–1057. Immunity

§ 16–1057. Immunity.
(a) Any health-care provider or any other person or institution providing information to the Board pursuant to this subchapter shall have immunity from liability, administrative, civil, or criminal, that might otherwise be incurred or imposed with respect to the disclosure of information.
(b) If acting in good faith, without malice, and within the parameters of the protocols established by this subchapter, representatives of the Board are immune from civil liability for an activity related to reviews of domestic violence fatalities.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter V - Domestic Violence Fatality Review Board › § 16–1058. Rules

§ 16–1058. Rules.
The Mayor shall issue rules implementing the provisions of this subchapter. The rules shall require that a subordinate agency director to whom a recommendation is directed by the Board shall respond in writing within 30 days of the issuance of the report containing the recommendations.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10 - Proceedings Regarding Intrafamily Offenses › Subchapter V - Domestic Violence Fatality Review Board › § 16–1059. Sunset. [Repealed]

§ 16–1059. Sunset. [Repealed]
Repealed.
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320; Sept. 24, 2010, D.C. Law 18-223, § 3032, 57 DCR 6242.)
Cross References
Superior Court of the District of Columbia, jurisdiction, see § 11-921.
Emergency Legislation
For temporary (90 day) repeal of section, see § 2(b) of Domestic Violence Fatality Review Board Emergency Act of 2010 (D.C. Act 18-366, April 5, 2010, 57 DCR 3168).
For temporary (90 day) amendment of section, see § 1402 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).
For temporary (90 day) amendment of section, see § 1402 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).
For temporary (90 day) repeal of section, see § 3032 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Temporary Legislation
For temporary (225 day) amendment of section, see § 1402 of the Fiscal Year 2010 Balanced Budget Support Temporary Act of 2010 (D.C. Law 18-222, September 24, 2010, law notification 57 DCR 9859).
Short Title
Short title: Section 3031 of D.C. Law 18-223 provided that subtitle D of title III of the act may be cited as the “Domestic Violence Fatality Review Board Act of 2010”.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10A - Anti-Stalking Orders › § 16–1061. Definitions

§ 16–1061. Definitions.
For the purposes of this chapter, the term:
(1) "Attorney General" means the Attorney General for the District of Columbia
(2) "Court" means the Superior Court of the District of Columbia.
(3) "Judicial officer" means the Chief Judge, a Senior Judge, an Associate Judge, or a Magistrate Judge of the court.
(4) "Minor" means a person under 18 years of age.
[(5)] "Petitioner" means the person for whom an anti-stalking order is sought under this chapter.
(6) "Respondent" means any person against whom a petition for an anti-stalking order is filed under this chapter.
(7) "Stalked" means any course of conduct prohibited by § 22-3133.
(Apr. 27, 2021, D.C. Law 23-275, § 3(j), 68 DCR 001086.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10A - Anti-Stalking Orders › § 16–1062. Petition for anti-stalking order; representation

§ 16–1062. Petition for anti-stalking order; representation.
(a) A person 16 years of age or older may petition the court for an anti-stalking order against another person who has allegedly stalked the petitioner, with at least one occasion of the course of conduct occurring within the 90 days prior to the date of petitioning.
(b) A minor who is less than 16 years of age may not petition the court for an anti-stalking order on their own behalf.
(c)(1) The parent, legal guardian, or legal custodian of a minor may file a petition for an anti-stalking order on the minor's behalf.
(2) A person 18 years of age or older to whom the minor is related by blood, adoption, legal custody, marriage, or domestic partnership may, at the request of a minor 13 years of age or older, petition for an anti-stalking order on the minor's behalf:
(d)(1) The Office of Attorney General may:
(A) If the petitioner is unable to petition on the petitioner's own behalf, intervene in a case and represent the interests of the District of Columbia at the request of the petitioner, a person petitioning on the petitioner's behalf, or a government agency; or
(B) At the request of the petitioner or a person petitioning on the petitioner's behalf, provide individual legal representation to the petitioner in proceedings under this chapter.
(2) If the Office of the Attorney General intervenes in a case under paragraph (1)(A) of this subsection, the intervention shall continue until:
(A) The court denies the petition for an anti-stalking order;
(B) The Office of the Attorney General withdraws from the intervention.
(e) The court may appoint attorneys to represent a party if the party:
(1) Is a minor;
(2) Is not represented by an attorney; and
(3) The appointment would not unreasonably delay a determination on the issuance or denial of a temporary anti-stalking order or anti-stalking order.
(f) When computing a time period specified in this chapter or in an order issued under this chapter that is stated in days or a longer unit of time:
(1) Exclude the day of the event that triggers the time period;
(2) Count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(3) Include the last day of the time period, but if the last day of the time period specified falls on a Saturday, Sunday, a legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period specified shall continue to run until the end of the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.
(Apr. 27, 2021, D.C. Law 23-275, § 3(j), 68 DCR 001086.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 10A - Anti-Stalking Orders › § 16–1065. Notice to the parties

§ 16–1065. Notice to the parties.
(a) Pursuant to the Rules of the Superior Court of the District of Columbia, the respondent shall be served with notice of the hearing, an order to appear, a copy of the petition, and a temporary anti-stalking order, if issued.
(b)(1) If a minor has petitioned for an anti-stalking order 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 § 16-1063(d) 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.
(2) 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.
(c) The notice of hearing shall notify the respondent that if the respondent does not attend the hearing, the court may issue an order against the respondent that may last up to 2 years.
(d) A respondent is deemed to have been personally served and no additional proof of service is required for enforcement of an order if the respondent is present before the court when the order is issued or if the respondent is served with the order in open court.
(e) At the request of the petitioner, the Metropolitan Police Department may attempt to serve civil process in any case filed under this chapter that has an address for service in the District of Columbia.
(Apr. 27, 2021, D.C. Law 23-275, § 3(j), 68 DCR 001086.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1101. Parties defendant; joint tenants and tenants in common

§ 16–1101. Parties defendant; joint tenants and tenants in common.
(a) A civil action based upon a cause of action in ejectment, may be brought against:
(1) the person actually occupying the premises claimed, either in person or by tenant; or
(2) both the claimant and his tenant, or other occupant claiming under him; or
(3) if the premises are not actually occupied, a person exercising acts of ownership thereon adversely to the plaintiff.
When a lessee is made a defendant at the suit of a party claiming against the title of the lessee’s landlord, the landlord may appear and be made a party defendant in the place of his lessee.
Any person claiming to be in possession may, on motion, be admitted to defend the action.
(b) Joint tenants shall sue jointly in ejectment, but tenants in common may sue either jointly or separately, and any number of tenants in common, less than the whole number entitled, may sue jointly in reference to their undivided interests.
(Dec. 23, 1963, 77 Stat. 564, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1101.
1973 Ed., § 16-1101.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1102. Failure of tenant to give notice to landlord

§ 16–1102. Failure of tenant to give notice to landlord.
If a tenant, on whom a complaint in ejectment is served, fails to give notice thereof, without delay, to his landlord or the agent of the landlord, he shall forfeit and pay to the landlord the value of three years’ full rent of the premises, to be recovered by a civil action.
(Dec. 23, 1963, 77 Stat. 564, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1102.
1973 Ed., § 16-1102.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1103. Contents of complaint; adverse possession

§ 16–1103. Contents of complaint; adverse possession.
In his complaint in ejectment, the plaintiff shall:
(1) describe the premises claimed with reasonable certainty; and
(2) set forth distinctly the nature and quantity of the estate claimed by him in the premises.
It is sufficient for the plaintiff to state, in addition, that:
(1) he was possessed of the premises, and while he was so possessed the defendant entered wrongfully into possession thereof, and withholds the possession of the premises from the plaintiff, or wrongfully detains possession; or
(2) the defendant is wrongfully exercising acts of ownership over the premises.
However, except as provided by this chapter, acts of ownership do not amount to an adversary possession, so as to make it necessary for the plaintiff to sue in order to avoid the bar of the statute of limitations.
(Dec. 23, 1963, 77 Stat. 564, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1103.
1973 Ed., § 16-1103.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1104. Proof necessary

§ 16–1104. Proof necessary.
(a) Except as provided by subsection (b) of this section, in an action of ejectment it is sufficient to entitle the plaintiff to relief to show that he is entitled, as against the defendant, to the immediate possession of the premises claimed, and that the defendant is:
(1) in possession of the premises, and is holding adversely to the plaintiff; or
(2) exercising acts of ownership over the premises, adversely to the plaintiff.
(b) In an action pursuant to this chapter by one or more joint tenants or tenants in common against their cotenants, the plaintiff shall be required to prove an actual ouster or some other act amounting to a denial of the plaintiff’s title and his exclusion from the enjoyment of the property.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1104.
1973 Ed., § 16-1104.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1105. Legal title in mortgagee or trustee; possession

§ 16–1105. Legal title in mortgagee or trustee; possession.
It is not a bar to the plaintiff’s recovery in an action of ejectment that the legal title to the property claimed is outstanding in another as mortgagee or trustee under a mortgage or deed of trust to secure a debt, unless the mortgagee or trustee, or those claiming under him, has taken possession of the premises, or unless the defendant claims under the mortgagor or grantor in the deed of trust.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1105.
1973 Ed., § 16-1105.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1106. Performance of contract by vendee as precluding vendor from recovery

§ 16–1106. Performance of contract by vendee as precluding vendor from recovery.
Where real property has been sold under a written contract executed by the vendor, and there has been such a performance of its terms by the vendee as would entitle him to a decree for a conveyance of the legal title, without condition, the vendor may not recover the property from the vendee.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1106.
1973 Ed., § 16-1106.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1107. Several judgments against defendants occupying distinct parcels

§ 16–1107. Several judgments against defendants occupying distinct parcels.
When it appears on the trial in an action of ejectment that some of the defendants occupy distinct parcels of the property claimed, in severalty, the plaintiff, if entitled to recover, may in the discretion of the court, have several judgments against the respective parties, according to the proof of occupancy.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1107.
1973 Ed., § 16-1107.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1108. Recovery of less than is claimed

§ 16–1108. Recovery of less than is claimed.
The plaintiff, under a claim to certain described premises, may recover less than the whole property claimed, and, under a claim to an entire property, may recover an undivided part thereof.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1108.
1973 Ed., § 16-1108.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1109. Recovery of mesne profits and damages; separate count

§ 16–1109. Recovery of mesne profits and damages; separate count.
(a) The plaintiff may embody in his complaint, in a separate count, a claim for the:
(1) mesne profits received by the defendant from the property sued for; or
(2) clear value of the use and occupation of the property sued for —
extending to the time of the verdict, and also damages for waste or injury to the premises during that period.
(b) If the jury find for the plaintiff, they may, at the same time, find and assess the mesne profits, or the value of the use and occupation and the amount of damages, specified by subsection (a) of this section. Except in the case provided for by § 16-1116, there shall be rendered, besides a judgment for the recovery of the property, a judgment against the defendant for the amount so found by the jury.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1; Mar. 24, 1998, D.C. Law 12-81, § 10(m), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-1109.
1973 Ed., § 16-1109.
Section References
This section is referenced in § 16-1118.