intrafamily offenses

intrafamily offenses Sec. 131. (a) Title 16 of the District of Columbia Code is amended by inserting after chapter 9 the following new chapter: 84 Stat. 546 “Chapter 10.— PROCEEDINGS REGARDING INTRAFAMILY OFFENSES “Sec. “16–1001. Definitions. “16–1002. Complaint of criminal conduct; referrals to Family Division. “16–1003. Petition for civil protection. “16–1004. Petition; notice; temporary order. “16–1005. Hearing; evidence; protection order. “16–1006. Dismissal of petition; notice. “§ 16–1001. Definitions “For purposes of this chapter: “(1) The term ‘intrafamily offense’ means an act, punishable as a criminal offense, committed— “(A) by one spouse against the other; “(B) by a parent, guardian, or other legal custodian against a child; or “(C) by one person against another person with whom he shares a mutual residence and is in a close relationship rendering the application of this chapter appropriate. “(2) The terms ‘complainant’ and ‘family member’ include any individual in the relationship described in paragraph (1). “(3) The term ‘Family Division’ means the Family Division of the Superior Court of the District of Columbia. “(4) The term ‘Director of Social Services’ means the Director of Social Services in the Superior Court of the District of Columbia. “§ 16–1002. Complaint of criminal conduct; referrals to Family Division “(a) If, upon the complaint of any person of criminal conduct by another or the arrest of a person charged with criminal conduct, it appears to the United States Attorney for the District of Columbia (hereafter in this chapter referred to as the ‘United States attorney’) that the conduct involves an intrafamily offense, he shall notify the Director of Social Services. The Director of Social Services may investigate the matter and make such recommendations to the United States attorney as the Director deems appropriate. “(b) The United States attorney may also (1) file a criminal charge based upon the conduct and may consult with the Director of Social Services concerning appropriate recommendations for conditions of release taking into account the intrafamily nature of the offense; or (2) refer the matter to the Corporation Counsel for the filing of a petition for civil protection in the Family Division. Prior to any such referral, the United States attorney shall consult with the Director of Social Services concerning the appropriateness of the referral. A referral to the Corporation Counsel by the United States attorney shall not preclude the United States attorney from subsequently filing a criminal charge based upon the conduct, if he deems it appropriate, but no criminal charge may be filed after the Family Division begins receiving evidence pursuant to section 16–1005. “§ 16–1003. Petition for civil protection “(a) Upon referral by the United States attorney, or upon application of any person or agency for a civil protection order with respect to an intrafamily offense committed or threatened, the Corporation Counsel may file a petition for civil protection in the Family Division. “(b) In any matter referred to the Corporation Counsel by the United States attorney in which the Corporation Counsel does not file a petition, he shall so notify the United States attorney. 84 Stat. 547 “§ 16–1004. Petition; notice; temporary order “(a) Upon a filing of a petition for civil protection by the Corporation Counsel, the Family Division shall set the matter for hearing, consolidating it, where appropriate, with other matters before the Family Division involving members of the same family. “(b) The Family Division shall cause notice of the hearing to be served on the respondent, the complainant and, if appropriate, the family member endangered (or, if a child, the person then having physical custody of the child), the Director of Social Services, and the Corporation Counsel. The respondent shall be served with a copy of the petition together with the notice and shall be directed to appear at the hearing. The Family Division may also cause notice to be served on other members of the family whose presence at the hearing is necessary to the proper disposition of the matter. “(c) If, upon the filing of the petition, the Division finds that (he safety or welfare of a family member is immediately endangered by the respondent, it may, ex parte, issue a temporary protection order of not more than ten days duration and direct that the order be served along with the notice required by this section. “§ 16–1005. Hearing; evidence; protection order “(a) Members of the family receiving notice shall appear at the hearing. In addition to the parties, the Corporation Counsel and the Director of Social Services may present evidence at the hearing. “(b) Notwithstanding section 14–306, in a hearing under this section, one spouse shall be a competent and compellable witness against the other and may testify as to confidential communications, but testimony compelled over a claim of a privilege conferred by such section shall be inadmissible in evidence in a criminal trial over the objection of a spouse entitled to claim that privilege. “(c) If, after hearing, the Family Division finds that there is good cause to believe the respondent has committed or is threatening an intrafamily offense, it may issue a protection order— “(1) directing the respondent to refrain from the conduct committed or threatened and to keep the peace toward the family member; “(2) requiring the respondent, alone or in conjunction with any other member of the family before the court, to participate in psychiatric or medical treatment or appropriate counseling programs; “(3) directing, where appropriate, that the respondent avoid the presence of the family member endangered; “(4) directing the respondent to perform or refrain from other actions as may be appropriate to the effective resolution of the matter; or “(5) combining two or more of (he directions or requirements prescribed by the preceding paragraphs. “(d) A protection order issued pursuant to this section shall be effective for such period up to one year as the Family Division may specify, but the Family Division may, upon motion of any party to the original proceeding, extend, rescind, or modify the order for good cause shown. “(e) Any final order issued pursuant to this section and any order granting or denying extension, modification, or rescission of such order shall be appeal able. 84 Stat. 548 “(f) Violation of any temporary or permanent order issued under this chapter and failure to appear as provided in subsection (a) shall be punishable as contempt. “§ 16–1006. Dismissal of petition; notice “(a) The Family Division may dismiss a petition if the matter is not appropriate for disposition in the Family Division. “(b) If a petition dismissed under subsection (a) was originated by referral from the United States attorney, and the dismissal was prior to the receipt of evidence pursuant to section 16–1005, the Family Division shall notify the United States attorney of the dismissal.” (b) The analysis of title 16 is amended by adding after the item relating to chapter 9 the following: “10. Proceedings Regarding Intrafamily Offenses10–1001”.