Chapter 10A. Anti-Stalking Orders.

§ 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.

§ 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.

§ 16–1063. Petition; temporary anti-stalking order.

(a) Upon receipt of a petition filed pursuant to § 16-1062, the court shall:

(1) Order that a hearing be held to determine whether to issue an anti-stalking 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 an anti-stalking order, a petitioner or a person petitioning on the petitioner's behalf may also request that a temporary anti-stalking order be issued without notice to the respondent.

(c) If the petitioner or the person petitioning on the petitioner's behalf requests that the court issue a temporary anti-stalking 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 anti-stalking order if the petitioner or the person petitioning on the petitioner's behalf establishes that the safety or welfare of the petitioner, the petitioner's household member, or an animal the petitioner owns, possesses, or has control of, is immediately endangered by the respondent.

(e)(1) A temporary anti-stalking order shall remain in effect for an initial period not to exceed 14 days.

(2) The court may extend a temporary anti-stalking 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

(f) The court may modify or terminate a temporary anti-stalking order.

(g) If a respondent fails to appear for a hearing on a petition for an anti-stalking order after having been served with notice of the hearing, a petition, and a temporary anti-stalking order in accordance with the Rules of the Superior Court of the District of Columbia, and the court issues an anti-stalking order in accordance with § 16-1063(d), the temporary anti-stalking order shall remain in effect until the respondent is served with the anti-stalking order or the anti-stalking order expires, whichever occurs first.

(h) A temporary anti-stalking order may include any of the relief set forth in § 16-1064(c).

(i) A temporary anti-stalking order issued pursuant to this section shall include a notice explaining that:

(1) If the day on which the temporary anti-stalking order is set to expire falls on a Saturday, Sunday, a day observed as a holiday by the court, or a day on which weather or other conditions cause the court to be closed, the temporary anti-stalking 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 an anti-stalking order, after having been served, and a final anti-stalking order is entered, the temporary anti-stalking order shall remain in effect until the respondent is served with the anti-stalking order or the anti-stalking order expires, whichever occurs first.

§ 16–1064. Hearing; evidence; anti-stalking order.

(a) Parties served with notice in accordance with § 16-1065 shall appear at the hearing.

(b)(1) In a case in which the Attorney General intervenes pursuant to § 16-1062(d)(1)(A), the petitioner is not a required party.

(2) In a case in which an individual described in § 16-1062(c)(1) filed a petition on behalf of a minor petitioner under the age of 13, the minor petitioner is not a required party.

(c) If, after a hearing, the judicial officer finds by a preponderance of the evidence that the respondent stalked the petitioner, with at least one occasion of the course of conduct occurring within the 90 days prior to the date of petitioning, or after receiving the parties' consent, a judicial officer may issue an anti-stalking order that:

(1) Directs the respondent to refrain from committing or threatening to commit criminal offenses against the petitioner and other individuals specified in the order;

(2) Requires the respondent to stay away from or have no contact with the petitioner and any other individuals or locations specified in the order;

(3) Directs the respondent to relinquish possession or use of certain personal property owned jointly by the parties or by the petitioner individually;

(4) Awards costs and attorney fees;

(5) Orders the Metropolitan Police Department to take such action as the judicial officer deems necessary to enforce its orders;

(6) In connection with an animal owned, possessed, or controlled by the petitioner, orders the respondent to stay away from the animal and refrain from possessing, controlling, harming or threatening to harm, or otherwise disposing of the animal;

(7) Directs the respondent to perform or refrain from other actions as may be appropriate to the effective resolution of the matter;

(8) Directs the respondent to relinquish possession of any firearms or ammunition and prohibits the respondent from having possession or control of, purchasing, or receiving any firearm or ammunition while the anti-stalking order is in effect; or

(9) Combines 2 or more of the preceding provisions.

(d) An anti-stalking order issued pursuant to this section shall remain in effect for an initial period not to exceed 2 years.

(e)(1) A judicial officer may, upon motion of any party to the original proceeding, extend, modify, or vacate an order for good cause shown.

(2) A finding that an order has been violated is not necessary for a finding of good cause to modify or extend an order.

(3) For each request for an extension, the judicial officer may extend the order for the period of time the judicial officer deems appropriate, but before granting any single extension longer than 2 years, the judicial officer shall find:

(A) That the respondent has violated the anti-stalking order;

(B) That prior to obtaining the order being extended, the petitioner had previously obtained an anti-stalking order against the same respondent; or

(f) Any final order issued pursuant to this section and any order granting or denying a motion to extend, modify, or vacate such order shall be appealable.

(g)(1) Violation of any temporary anti-stalking order or anti-stalking order issued under this chapter, or respondent's failure to appear as required by subsection (a) of this section, shall be punishable as criminal contempt.

(2) Upon conviction, criminal contempt shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 180 days, or both.

(h)(1) Violation of any temporary anti-stalking order or anti-stalking order issued under this chapter shall be chargeable as a misdemeanor.

(2) Upon conviction, violation of any temporary anti-stalking order or anti-stalking order shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 180 days, or both.

(i)(1) No person shall be found to violate a temporary anti-stalking order or anti-stalking order as described in subsection (g)(1) or (h)(1) of this section, unless the person was personally served with or received actual notice of the temporary anti-stalking order or anti-stalking order.

(2) For the purposes of establishing a violation under subsection (f) or (g) of this section, an oral or written statement made by the respondent located outside the District of Columbia to a person located in the District of Columbia by means of telecommunication, mail, or any other method of communication shall be deemed to be made in the District of Columbia.

(j) Violations of temporary anti-stalking orders or anti-stalking orders entered with the consent of the respondent but without an admission that the conduct occurred shall be punishable under subsection (f) or (g) of this section.

§ 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.