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Legal Information: District of Columbia

Statutes: District of Columbia

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Updated: 
July 13, 2021

§ 16-1063. Petition; temporary anti-stalking order.

(a) Upon receipt of a petition filed pursuant to § 16-1062, the court shall:

(1) Order that a hearing be held to determine whether to issue an anti-stalking order against the respondent; and

(2) Where appropriate, consolidate the case with other matters before the court involving the same parties.

(b) When petitioning for an anti-stalking order, a petitioner or a person petitioning on the petitioner’s behalf may also request that a temporary anti-stalking order be issued without notice to the respondent.

(c) If the petitioner or the person petitioning on the petitioner’s behalf requests that the court issue a temporary anti-stalking order pursuant to subsection (b) of this section, the court shall grant or deny the request after a hearing held on the same day that the request was made, unless the request is filed too late in the day to permit effective review, in which case the court shall grant or deny the request after a hearing held the next day the court is open.

(d) The court may issue a temporary anti-stalking order if the petitioner or the person petitioning on the petitioner’s behalf establishes that the safety or welfare of the petitioner, the petitioner’s household member, or an animal the petitioner owns, possesses, or has control of, is immediately endangered by the respondent.

(e)(1) A temporary anti-stalking order shall remain in effect for an initial period not to exceed 14 days.

(2) The court may extend a temporary anti-stalking order as necessary to complete service and the hearing on the petition:

(A) In 14-day increments;

(B) In increments up to 28 days for good cause; or

(C) For a longer time period with the consent of both parties.

(f) The court may modify or terminate a temporary anti-stalking order.

(g) If a respondent fails to appear for a hearing on a petition for an anti-stalking order after having been served with notice of the hearing, a petition, and a temporary anti-stalking order in accordance with the Rules of the Superior Court of the District of Columbia, and the court issues an anti-stalking order in accordance with § 16-1063(d), the temporary anti-stalking order shall remain in effect until the respondent is served with the anti-stalking order or the anti-stalking order expires, whichever occurs first.

(h) A temporary anti-stalking order may include any of the relief set forth in § 16-1064(c).

(i) A temporary anti-stalking order issued pursuant to this section shall include a notice explaining that:

(1) If the day on which the temporary anti-stalking order is set to expire falls on a Saturday, Sunday, a day observed as a holiday by the court, or a day on which weather or other conditions cause the court to be closed, the temporary anti-stalking order shall remain in effect until the end of the next day on which the court is open; and

(2) If the respondent fails to appear for a hearing on a petition for an anti-stalking order, after having been served, and a final anti-stalking order is entered, the temporary anti-stalking order shall remain in effect until the respondent is served with the anti-stalking order or the anti-stalking order expires, whichever occurs first.