English
EspañolPOR 3. Petition; Notice; Hearings; Order of Protection
(a) Petition.
(1) To obtain an Order of Protection, an applicant must file the following forms:
(A) Petition for Order of Protection (Form 1)
(B) Marshal’s Service Information (Form 2), and
(C) Non-Criminal Case Coversheet.
(2) The Petition may indicate whether the Petitioner is seeking a Temporary Order of Protection for immediate relief.
(3) The Petitioner must provide as much information regarding the identity of and contact information for the respondent as is known to the Petitioner.
(4) Within the Petition, the Petitioner may request to seal documents or submit them in camera.
(5) In examining the petition, the Court may consider publicly available records concerning the parties such as criminal history and other relevant court cases.
(b) Notice. Notice of the Petition is not required to be served on a Respondent until ordered by the court.
(c) Hearings.
(1) Initial Hearing. After a review of the Petition, the court may opt to schedule a hearing whereby the petitioner responds to questions from the court.
(2) Show Cause Hearing on Temporary Order of Protection or Final Order of Protection.
(A) The Court must set the matter for a Show Cause Hearing within ten (10) business days. The hearing may be continued as deemed necessary by the Court.
(B) Upon issuance of a Temporary Order of Protection, the Court must also issue a Notice to Respondent.
(C) If the Respondent fails to appear at a Show Cause Hearing after being properly served and noticed, the case may proceed by default.
(D) At a Show Cause Hearing or any subsequent evidentiary hearing, the Court may take testimony and evidence.
(d) Order of Protection. After taking testimony and evidence at the Show Cause Hearing, or upon receiving a consent by Respondent to an Order of Protection, the Judge may issue an Order of Protection for such periods as authorized by law. Any Order of Protection or approved consent agreement must be for a fixed period of time as the Court deems appropriate. The Court may amend its order or agreement at any time upon subsequent petition or motion filed by either party.
(e) Mutual Restraining Orders. A court may not issue a mutual restraining order unless the Court has made specific findings that each party was entitled to such an order, including findings of fact indicating that both parties acted primarily as aggressors and that neither acted primarily in self-defense.
SOURCE: 7 GCA §§ 40105(b), 40A106(e), 40B105(d); 18 USC § 2265(c).
