Page:United States Statutes at Large Volume 84 Part 1.djvu/604
PUBLIC LAW 91-358-JULY 29, 1970
"Chapter 10.—PROCEEDINGS REGARDING INTRAFAMILY OFFENSES "Sec.
"16-1001. "16-1002. "16-1003. "16-1004. "16-1005. "16-1006.
Definitions. Complaint of criminal conduct; referrals to Family Division. Petition for civil protection. Petition; notice; temporary order. Hearing; evidence; protection order. 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 attornev shall not preclude the United -States attorney from subsequently ming a criminal charge based upon the conduct, if he deems it appropriate, bvit 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) I n 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.