Know the Laws: District of Columbia
UPDATED December 10, 2008
If you are planning to move to DC or are going to be in DC for any reason, your out-of-state protection or restraining order can be enforced.
- General Rules for Out-of-State orders in DC
- Does it cost anything to register my protection order?
- What if I don't register my protection order? Will it be more difficult to have it enforced?
- Can I have my out-of-state protection order changed, extended, or canceled in D.C.?
- What can I do if the court that issued my order tells D.C. that my order has changed or is no longer valid?
- I was granted temporary custody with my protection order. Will I still have temporary custody of my children in D.C.?
- Registering your Out-of-State order in DC
General Rules for Out-of-State orders in DC
back to topDoes it cost anything to register my protection order?
No. There is no fee for registering your protection order in Washington D.C*
* DC Statutes 16 – 1044(c )
back to topWhat if I don't register my protection order? Will it be more difficult to have it enforced?
Maybe. While neither federal law nor DC law requires that you register your protection order in order to get it enforced, if your order is not entered into the registry, it may be more difficult for a D.C. law enforcement official to determine whether your order is real. This means it could take longer to get your order enforced.
If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in DC. To see a list of local domestic violence organizations in DC, go to DC State and Local Programs page.
back to topCan I have my out-of-state protection order changed, extended, or canceled in D.C.?
No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in D.C..
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the "How to Get a Restraining Order" page for the state where your order was issued.
If your order does expire while you are living in Washington D.C., you may be able to get a new one issued in D.C. But this may be difficult to do if no new incidents of abuse have occurred in Washington D.C. To find out more information on how to get a protective order in Washington D.C., visit our D.C. How to Get a Protection Order page.
back to topWhat can I do if the court that issued my order tells D.C. that my order has changed or is no longer valid?
You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in Washington D.C. cannot enforce an order that has expired or has been canceled in the issuing state.
If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in D.C.. You will find information on legal assistance and domestic violence organizations in D.C. on the DC Where to Find Help page.
back to topI was granted temporary custody with my protection order. Will I still have temporary custody of my children in D.C.?
Yes. As long as the child custody provision complies with certain federal laws,* D.C. can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here, DC Finding a Lawyer.
* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.