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: Distrito de Columbia

Estatutos Seleccionados: District of Columbia

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Actualizada: 
13 de julio de 2021

§ 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

(C) Other compelling circumstances related to the petitioner’s safety or welfare.

(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.