District of Columbia Petition to for Restraining Order due to Domestic Violence

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US-02223BG
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Description

A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.

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FAQ

All motions and related papers must be on 8-1/2 x 11-inch white paper and signed by the filing party with his or her address and telephone number. See SCR-Civ. 10-I. A motion form can be obtained from the Small Claims Clerk's Office or on the internet at .

Ing to Code of the District of Columbia §16-1003, any person who believes that they are at risk of suffering family violence, or any person threatened with violence, may petition the domestic violence division for a civil protection order.

Any party may file a motion, but when represented by counsel, an individual party may not file a motion or pleading except for a motion to discharge or vacate the appointment of counsel. The Clerk will transmit that motion to counsel of record for that party.

Unless otherwise provided by these rules or ordered by the presiding officer, all parties shall have seven days from date of service of the motion to file and serve a response. The presiding officer may decide any procedural motion including but not limited to, motions to continue without holding a hearing.

How to Appeal Your Case from D.C. Superior Court Step 1: Fill out the Notice of Appeal form. This form is quick to fill out. ... Step 2: File the Notice of Appeal. After you fill out the form, file it at Superior Court. ... Step 3: Pay the filing fee (unless you have a fee waiver) ... Step 4: File a motion for free transcripts.

As long as you have a valid home or work address for the person against whom you are getting the order, the Metropolitan Police Department will attempt to serve the protection order petition and motions at no charge when the party being served lives or works in the District of Columbia.

A civil protection order does not go in a criminal record. There is no public record of a civil protection order that could damage someone's job, etc.

What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.

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District of Columbia Petition to for Restraining Order due to Domestic Violence