District Of Columbia § 16-1005 - Hearing; evidence; protection order.
Full text of District Of Columbia D.C. Code § 16-1005 — Hearing; evidence; protection order., with citation guidance and answers to common questions.
§ 16-1005. Hearing; evidence; protection order.
16-1005Individuals served with notice in accordance with shall appear at the hearing.
In a case where the Attorney General files the petition on behalf of a petitioner pursuant to , the petitioner is not a required party.
In a case where a parent, guardian, custodian, or other appropriate adult files a petition on behalf of a minor petitioner under the age of 12, the minor petitioner is not a required party.
In a hearing under this section, if a parent, guardian, custodian, or other appropriate adult has petitioned for civil protection on behalf of a minor petitioner 12 years of age or older, the court shall consider the expressed wishes of the minor petitioner in deciding whether to issue an order pursuant to this section and in determining the contents of such an order.
If a respondent is a minor, or if the petitioner is a minor and at least 12 years of age, and if the minor is not accompanied by a parent, guardian, custodian, other appropriate adult, or represented by an attorney, the court may appoint an attorney to represent the minor if such an appointment would not unduly delay the issuance or denial of a protection order. The court may promulgate rules for the appointment of attorneys.
Notwithstanding , 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.
If, after hearing, the judicial officer finds that there is good cause to believe the respondent has committed or threatened to commit a criminal offense against the petitioner or against petitioner’s animal or an animal in petitioner’s household, the judicial officer may issue a protection order that:
Directs the respondent to refrain from committing or threatening to commit criminal offenses against the petitioner and other protected persons;
Requires the respondent to stay away from or have no contact with the petitioner and any other protected persons or locations;
Requires the respondent to participate in psychiatric or medical treatment or appropriate counseling programs;
Directs the respondent to refrain from entering, or to vacate, the dwelling unit of the petitioner when the dwelling is:
Marital property of the parties;
Jointly owned, leased, or rented and occupied by both parties; provided, that joint occupancy shall not be required if the respondent’s actions caused the petitioner to relinquish occupancy;
Owned, leased, or rented by the petitioner individually; or
Jointly owned, leased, or rented by the petitioner and a person other than the respondent;
Directs the respondent to relinquish possession or use of certain personal property owned jointly by the parties or by the petitioner individually;
Awards temporary custody of a minor child or children of the parties;
Provides for visitation rights with appropriate restrictions to protect the safety of the petitioner;
Awards costs and attorney fees;
Orders the Metropolitan Police Department to take such action as the judicial officer deems necessary to enforce its orders;
Directs the respondent to relinquish possession of any firearms;
Directs the care, custody, or control of a domestic animal that belongs to petitioner or respondent or lives in his or her household;
Directs the respondent to perform or refrain from other actions as may be appropriate to the effective resolution of the matter; or
Combines 2 or more of the preceding provisions.
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.
A protection order issued pursuant to this section shall be effective for such period up to one year as the judicial officer may specify, but the judicial officer may, upon motion of any party to the original proceeding, extend, rescind, or modify the order for good cause shown.
Any final order issued pursuant to this section and any order granting or denying extension, modification, or rescission of such order shall be appealable.
Violation of any temporary or final order issued under this subchapter, or violation in the District of Columbia of any valid foreign protection order, as that term is defined in , or respondent’s failure to appear as required by subsection (a) of this section, shall be punishable as contempt. Upon conviction, criminal contempt shall be punished by a fine of not more than the amount set forth in [] or imprisonment for not more than 180 days, or both.
Any person who violates any protection order issued under this subchapter, or any person who violates in the District of Columbia any valid foreign protection order, as that term is defined in , shall be chargeable with a misdemeanor and upon conviction shall be punished by a fine of not more than the amount set forth in [] or by imprisonment for not more than 180 days, or both.
Enforcement proceedings under subsections (f) and (g) of this section in which the respondent is a child as defined by shall be governed by .
For purposes of establishing a violation under subsections (f) and (g) of this section, an oral or written statement made by a person 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.
Orders entered with the consent of the respondent but without an admission that the conduct occurred shall be punishable under subsection (f), (g), or (g-1) of this section.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 16-1005
What does D.C. Code § 16-1005 cover?
Section 16-1005 ("Hearing; evidence; protection order.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 16-1005?
A common citation format is "D.C. Code § 16-1005" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 16-1005 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.