Legal Information: District of Columbia

Restraining Orders

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October 30, 2023

What types of orders are there? How long do they last?

There are two types of extreme risk protection orders: ex parte extreme risk protection orders and final extreme risk protection orders.

An ex parte extreme risk protection order is issued without the respondent having notice of the case beforehand and without the respondent being present at the hearing. An ex parte extreme risk protection order can last up to 14 days. If the judge schedules a new hearing date to give more time for the respondent to be served with notice of the case, the judge can extend the ex parte order for additional 14-day periods.1

A final extreme risk protection order can be issued after the respondent has notice of the case and a chance to participate in a hearing. A police officer must serve the respondent with notice of the hearing at least five business days before the hearing date. If a police officer is unable to serve the respondent, the judge can schedule a new hearing date and give the police another chance to serve the respondent.If the respondent is still unable to be served after the judge has set a new hearing date, the judge can dismiss the petition “without prejudice,” which means it can be re-filed.2 If the judge issues a final extreme risk protection order, it will last for one year after the date the order is issued.3

1 D.C. Code § 7-2510.04(h)
2 D.C. Code § 7-2510.03(b)
3 D.C. Code § 7-2510.03(i)

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