District of Columbia
District of Columbia Restraining Order Laws (2026): How to Get a Civil Protection Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 5 primary sources cited on this page. How we verify our legal content

In DC, the protective order for domestic violence, sexual assault, and trafficking is called a Civil Protection Order (CPO); stalking victims without a qualifying relationship instead petition for a separate Anti-Stalking Order. Any person who has experienced an intrafamily offense, sexual assault, or trafficking can petition the DC Superior Court for a CPO, and any stalking victim can petition for an Anti-Stalking Order. A final CPO lasts up to 2 years and can be extended by the court; a final Anti-Stalking Order also lasts up to 2 years.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in DC
The District of Columbia consolidates its civil protective order framework under DC Code 16-1001 through 16-1007. There is one petition form, but it covers several distinct tracks.
The intrafamily offense track is the domestic-violence path. It applies when the petitioner and respondent share an intimate-partner or family or household relationship. This track covers physical abuse, threats, harassment, stalking, and related conduct between people who are close in that defined sense.
The sexual assault track is available to any person who is at least 16 years old, regardless of whether they know the respondent. DC also includes labor-trafficking survivors and child sex-trafficking survivors within the CPO framework, which is broader than most states. Stalking is handled separately: DC Code 16-1003 does not list stalking as a CPO-qualifying offense, so a stalking victim who does not have a qualifying intrafamily relationship with the stalker instead petitions for an Anti-Stalking Order under DC Code 16-1061 through 16-1065. It has its own petition form but works similarly to a CPO, with an ex parte temporary order available the same day and a final order lasting up to 2 years.
These distinctions matter practically. If you were harmed by a stranger or acquaintance, the Anti-Stalking Order or the CPO's sexual-assault category may be the right path even though there is no prior relationship.
Who can get a restraining order in DC?
For the intrafamily offense track, the petitioner must fall within one of three defined categories: intimate partner, family member, or household member, defined in DC Code 16-1001. DC Code 16-1003 sets out who may petition for a CPO and the applicable age rules.

An intimate partner includes a person to whom the respondent is or was married, a person in or formerly in a domestic partnership with the respondent, a person who shares a child in common with the respondent, or a person who is or was in a romantic, dating, or sexual relationship with the respondent. That last category is broad enough to cover current and former dating partners at any stage of a relationship.
A family member means a person related to the respondent by blood, adoption, legal custody, marriage, or domestic partnership, or who is the child of the respondent's intimate partner. A household member means a person who, within the past year, currently shares or has shared a mutual residence with the respondent and has maintained a close relationship beyond mere acquaintance; a landlord-tenant relationship alone does not qualify.
If none of those categories applies, DC's sexual assault and trafficking CPO categories are still available to any victim regardless of relationship, and a stalking victim can separately petition for an Anti-Stalking Order under DC Code 16-1061 through 16-1065, so there is a civil remedy for most situations in the District. You do not need a prior police report to file either petition, though documented evidence always strengthens a case.
How to file for a restraining order in DC
You file at the DC Superior Court, Domestic Violence Division, located at 500 Indiana Avenue NW. The Domestic Violence Division operates an intake unit that assists petitioners throughout the day.
Filing a CPO petition is free. Under the federal Violence Against Women Act (VAWA), no court may charge a filing fee or service fee for a domestic-violence protective order. DC goes a step further: the Office of the Attorney General's Victim Services Unit may provide free legal representation to petitioners from the moment they walk in.
When you arrive, court staff will help you complete the petition form. You will describe what happened and ask for specific relief (no-contact, stay-away from your home or workplace, temporary custody of children, firearm surrender, and so on). A judge or magistrate judge will review the petition on the same day and, if there is good cause to believe you are in danger, issue a TPO without notifying the respondent first.
If you cannot get to the courthouse, a domestic-violence advocate from a local organization such as the DC Coalition Against Domestic Violence can assist you with forms and accompany you to court. Court staff and advocates are trained to help people navigate the process safely.
Temporary vs. final orders: how long they last
DC uses a two-stage process that is common across the country but has some specifics worth knowing.

| Order | How it is issued | Duration |
|---|---|---|
| Temporary Protection Order (TPO) | Ex parte, without notice to respondent; issued same day | Up to 14 days (DC Code 16-1004(e)(1)); the court may extend it in 14-day increments, in increments of up to 28 days for good cause, or for a longer period with the consent of both parties, as needed to complete service and the hearing |
| Civil Protection Order (CPO) | After a hearing at which the respondent has notice and an opportunity to appear | Up to 2 years; extendable by the court on motion |
The TPO is designed to bridge the gap between the day you file and the day of the full hearing. The judge can include immediate relief such as ordering the respondent out of a shared home, prohibiting contact, and requiring firearm surrender, all effective from the moment of issuance.
At the full CPO hearing, the petitioner presents evidence and the respondent may contest the allegations. DC Code 16-1005(c) sets the standard: the judicial officer may issue a civil protection order if, after the hearing, the officer finds good cause to believe the respondent has committed or threatened to commit a criminal offense against the petitioner or an animal the petitioner owns, possesses, or controls, or if both parties consent to the order. The statutory trigger is any criminal offense rather than a fixed list, though who may petition in the first place is still limited to the four categories in DC Code 16-1003. The 2-year maximum CPO duration means petitioners generally do not need to return to court as often as a shorter-term order would require. Courts can extend CPOs further on motion if the threat continues.
Firearms and a DC protective order
Both the TPO and the final CPO carry firearm consequences that take effect immediately upon issuance.
Under DC Code 16-1004(h)(2), every TPO must require the respondent to relinquish all firearms and ammunition and prohibits the respondent from acquiring new firearms or ammunition while the order is in effect; this surrender is mandatory, not something the court decides case by case. For the final CPO, DC Code 16-1005(c)(10) makes firearm relinquishment discretionary, so petitioners should ask for it explicitly in the petition, and the court routinely includes it where there is any indication that firearms were present during the incident.
The federal prohibition applies independently of whatever the state order says. Under 18 U.S.C. 922(g)(8), any person subject to a qualifying final protective order issued after notice and a hearing is prohibited from possessing any firearm or ammunition anywhere in the United States. That federal bar does not attach to a TPO: 18 U.S.C. 922(g)(8)(A) requires an order "issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate," and a DC TPO is issued without notice to the respondent under DC Code 16-1004(b). At the temporary stage, the firearm surrender comes from DC law alone.
Respondents who possess firearms while subject to a qualifying order face both DC criminal exposure and federal felony charges. If you are the petitioner and the respondent has not surrendered firearms as ordered, you can report non-compliance to the Domestic Violence Unit of the Metropolitan Police Department.
What happens if someone violates the order?
Violating a CPO or TPO in DC is a criminal matter. A violation can be prosecuted as criminal contempt of court under DC Code 16-1005(f) or as a separate misdemeanor offense under DC Code 16-1005(g). Either way the penalty is a fine and/or imprisonment for up to 180 days.

Warrantless arrest in DC turns on the underlying conduct, not on the existence of the order by itself. DC Code 16-1031(a) requires a law enforcement officer to arrest a person the officer has probable cause to believe committed an intrafamily offense that resulted in physical injury, or that caused or was intended to cause reasonable fear of imminent serious physical injury or death, whether or not the offense happened in the officer's presence, and DC Code 23-581(a-1) gives the officer that arrest power without a warrant. Where the conduct does not meet that description, DC Code 23-581(a)(1)(B) allows a warrantless misdemeanor arrest only for an offense committed in the officer's presence. Report the violation to police either way: the report supports a contempt motion or a criminal charge even when an immediate arrest is not available.
If a violation involves physical assault, threats with a weapon, or other aggravated conduct, prosecutors can charge the underlying offense separately on top of the contempt or misdemeanor violation charge, which substantially increases potential penalties.
If the respondent violates your order, call 911 first if you are in immediate danger. Then make a report to the Domestic Violence Unit and document the violation as specifically as you can, including the date, time, what was said or done, and any witnesses or evidence. Courts take violations seriously, and a documented pattern of violations can support a motion to extend or strengthen the order. With that record in hand, ask a DC family lawyer for a free case evaluation on a motion to extend or strengthen the order (attorney advertising).
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
For a full comparison of how DC's CPO stacks up against other jurisdictions, see the restraining order laws by state hub. You may also find the DC recording law page helpful if you are documenting harassment for evidence purposes: see DC recording laws.
Frequently Asked Questions
How do I get a restraining order in DC?
You file a Civil Protection Order (CPO) petition at the DC Superior Court, Domestic Violence Division, 500 Indiana Avenue NW. Court intake staff will help you complete the forms at no cost. A judge can issue a Temporary Protection Order the same day if there is good cause. The Office of the Attorney General may also provide free legal representation to petitioners.
How long does a restraining order last in DC?
A Temporary Protection Order (TPO) lasts up to 14 days. Under DC Code 16-1004(e)(2) the court can extend it in 14-day increments, in increments of up to 28 days for good cause, or for a longer period with the consent of both parties, as needed to complete service and hold the hearing. A final Civil Protection Order (CPO) lasts up to 2 years, and the court can extend it further on motion before it expires. A stalking victim without a qualifying relationship instead gets an Anti-Stalking Order, which follows a similar structure: a temporary order up to 14 days, and a final order up to 2 years.
How much does a restraining order cost in DC?
Filing a domestic-violence CPO is free. Federal law (VAWA) prohibits courts from charging filing or service fees for domestic-violence protective orders. DC goes further by offering free legal representation through the Office of the Attorney General's Victim Services Unit.
Can I get a restraining order without a police report?
Yes. You do not need a prior police report to file a CPO petition in DC. The court evaluates your petition based on the sworn statements and evidence you provide. Many petitioners have no police report at the time they file. Documented evidence such as text messages, photos, or witness statements is helpful but not required to get a TPO.
Does a restraining order take away gun rights in DC?
Yes. The TPO automatically requires the respondent to surrender all firearms and ammunition immediately (DC Code 16-1004(h)(2)); for the final CPO, firearm surrender is at the court's discretion under 16-1005(c)(10). Federal law (18 U.S.C. 922(g)(8)) also prohibits a person subject to a qualifying final protective order from possessing any firearm or ammunition anywhere in the country. Violations of the firearm ban are a federal felony.
What happens if the abuser violates the order?
Call 911 if you are in immediate danger. Violating a CPO or TPO is punishable by a fine and up to 180 days in jail, either as criminal contempt under DC Code 16-1005(f) or as a misdemeanor under DC Code 16-1005(g). Police can arrest without a warrant where the conduct is an intrafamily offense described in DC Code 16-1031(a); otherwise DC Code 23-581(a)(1)(B) limits warrantless misdemeanor arrest to offenses committed in the officer's presence. Document the violation (date, time, what occurred) and report it to the Domestic Violence Unit. Courts can extend or strengthen an order based on documented violations.
What is the difference between a restraining order and a Civil Protection Order in DC?
In DC, the formal name for what most people call a restraining order is a Civil Protection Order (CPO). The emergency version issued without notifying the other party is a Temporary Protection Order (TPO). Both are issued by the DC Superior Court under DC Code 16-1001 et seq. A stalking victim without a qualifying relationship to the stalker instead petitions for a separate Anti-Stalking Order under DC Code 16-1061 et seq. These terms are used interchangeably with 'restraining order' in everyday conversation, but DC courts and statutes use the formal names.
Updates
Corrected the temporary protection order extension rules, the standard for issuing a final Civil Protection Order, the federal firearm ban's application to temporary orders, and the description of when DC police may arrest without a warrant, each against the official DC Code.
Corrected the page's order-type taxonomy: DC stalking victims without a qualifying family or intimate-partner relationship use a separately codified Anti-Stalking Order (DC Code 16-1061 through 16-1065), not a 'track' of the Civil Protection Order, which the page previously implied. Also fixed a wrong section citation for the intimate-partner/family-member/household-member definitions (they're in 16-1001, not 16-1003) and removed an unverified 'recently extended' framing around the CPO's 2-year duration.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected the TPO firearm-relinquishment rule to mandatory (DC Code 16-1004(h)(2) 'shall require'), kept the discretionary framing for the final CPO (16-1005(c)(10)), and fixed the household-member definition to match DC Code 16-1001's past-year-residence-plus-close-relationship test.
Completed the family-member definition to include domestic partnerships and the child of an intimate partner, matching D.C. Code 16-1001(5A).
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of the District of Columbia, Title 16: Particular Actions, Proceedings and Matters. - Chapter 10: Proceedings Regarding Intrafamily Offenses. - Subchapter I: Intrafamily Proceedings Generally.
§ 16-1005Hearing; evidence; protection order.In force
(a) Parties served with notice in accordance with § 16-1007 shall appear at the hearing. (1) In a case in which the Attorney General intervenes pursuant to [§ 16-1003(f)(1)(A)], the petitioner is not a required party. (2) In a case in which an individual described in § 16-1003(d)(1) petitioned on behalf of a minor petitioner under the age of 13, the minor petitioner is not a required party. (3) In a case in which an individual described in § 16-1003(d)(2)(A) petitioned on behalf of a minor petitioner 13 years of age or older, the court shall consider the expressed wishes of the minor petitioner in deciding whether to issue an order pursuant to this section and in determining the contents of such an order. (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.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at github.com
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Powell v. Powell (District of Columbia Court of Appeals 1988, 547 A.2d 973)“…be appropriate to the effective resolution of the matter.” D.C. Code § 16-1005 (c)(10) (1987 Supp.). In her case, she…”
- Alfredo Salvattera v. Isela Ramirez (District of Columbia Court of Appeals 2015, 111 A.3d 1032)“…28, 2014, appellee filed a petition for a CPO pursuant to D.C. Code § 16-1005 (c), alleging that appellant had sexual…”
- ALFREDO SALVATERRO v. ISELA RAMIREZ (District of Columbia Court of Appeals 2014)“…ded the Superior Court‟s statutory remedial authority under D.C. Code § 16-1005 (c) (2012 Repl.), and a motion for a st…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 16-1003Petition for civil protection order; representation.In forcecited in 2 of our articles
(a) A person 16 years of age or older may petition the Domestic Violence Division for a civil protection order against a respondent who has allegedly committed or threatened to commit: (1) An intrafamily offense, where the petitioner is the victim, or, if the offense is punishable under § 22-1001 or § 22-1002, where the victim is an animal that the petitioner owns, possesses, or controls; (2) Sexual assault, where the petitioner is the victim; (3) Trafficking in labor or commercial sex acts, as described in § 22-1833, where the petitioner is the victim; or (4) Sex trafficking of children, as described in § 22-1834, where the petitioner is the victim.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Turner v. District of Columbia (District of Columbia Court of Appeals 1987, 532 A.2d 662)“…agency of the District of Columbia government. [3] See D.C.Code § 16-1003 (1981 & 1987 Supp.). [4] See D.C.C…”
- Powell v. Powell (District of Columbia Court of Appeals 1988, 547 A.2d 973)“…ct was amended to authorize petitions directly by a victim. D.C.Code § 16-1003(a) (1987 Supp.). . In concluding…”
- E.C. v. RCM of Washington, Inc. (District of Columbia Court of Appeals 2014, 92 A.3d 305)“…idential facility on Alabama Avenue 5 Under D.C. Code § 16-1003 (a) (2007 Supp.), ―[a] petitioner . . .…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: District of Columbia Voyeurism Laws: Hidden Camera Penalties and Privacy Rights
§ 16-1004Petition; temporary protection order.In force
(a) Upon receipt of a petition filed pursuant to § 16-1003, the Domestic Violence Division shall: (1) Order that a hearing be held to determine whether to issue a civil protection 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 a civil protection order, a petitioner or a person petitioning on the petitioner's behalf may also request that a temporary protection order be issued without notice to the respondent. (c) If the petitioner or a person petitioning on the petitioner's behalf requests that the court issue a temporary protection 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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- E.C. v. RCM of Washington, Inc. (District of Columbia Court of Appeals 2014, 92 A.3d 305)“…itioner . . . is immediately endangered by the respondent.‖ D.C. Code § 16-1004 (b)(1)-(2) (2009 Supp.). After…”
- Ronald L. Atkinson v. United States (District of Columbia Court of Appeals 2015, 121 A.3d 780)“…2 violation of D.C. Code §§ 16-1004 (d), -1005 (g) (2012 Repl.).1…”
- ALFREDO SALVATERRO v. ISELA RAMIREZ (District of Columbia Court of Appeals 2014)“…tion Order (TPO), pending a ruling on the CPO petition, see D.C. Code § 16-1004.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 16-1001Definitions.In force
For the purposes of this subchapter, the term: (1) “Attorney General” means the Attorney General for the District of Columbia. (2) “Court” means the Superior Court of the District of Columbia. (3) “Custodian” shall have the meaning as provided in § 16-2301(12). (4) “Domestic partnership” shall have the same meaning as provided in § 32-701(4). (5) “Domestic Violence Division” means any subdivision of the court designated by court rule, or by order of the Chief Judge of the court, to hear proceedings under this subchapter. (5A) "Family member" means a person: (A) To whom the offender is related by blood, adoption, legal custody, marriage, or domestic partnership; or (B) Who is the child of an intimate partner. (A) "Household member" means a person with whom, in the past year, the offender: (i) Shares or has shared a mutual residence; and (ii) Has maintained a close relationship, beyond mere acquaintances, rendering application of the statute appropriate. (B) For the purposes of this paragraph, the term "close relationship" does not include a relationship based solely on a landlord-tenant relationship. (6) [Repealed].
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- E.C. v. RCM of Washington, Inc. (District of Columbia Court of Appeals 2014, 92 A.3d 305)“…conclusions on her alternate claim. 4 D.C. Code § 16-1001 (8) (2009 Supp.).…”
- Medhin v. United States (District of Columbia Court of Appeals 2024)“…offense,” as that term was previously broadly defined. See D.C. Code § 16-1001(8) (2009) (defining “intrafamily offens…”
- Carome v. Carome (District of Columbia Court of Appeals 2021)“…e of a CPO under the Intrafamily Offenses Act (“the Act”). D.C. Code §§ 16-1001-1006 (2012 Repl., previously amended i…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of the District of Columbia, Title 16: Particular Actions, Proceedings and Matters. - Chapter 10A: Anti-Stalking Orders.
§ 16-1062Petition for anti-stalking order; representation.In forcecited in 2 of our articles
(a) A person 16 years of age or older may petition the court for an anti-stalking order against another person who has allegedly stalked the petitioner, with at least one occasion of the course of conduct occurring within the 90 days prior to the date of petitioning. (b) A minor who is less than 16 years of age may not petition the court for an anti-stalking order on their own behalf. (1) The parent, legal guardian, or legal custodian of a minor may file a petition for an anti-stalking order on the minor's behalf.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Also relied on in: Washington DC GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
§ 16-1061Definitions.In force
For the purposes of this chapter, the term: (1) "Attorney General" means the Attorney General for the District of Columbia (2) "Court" means the Superior Court of the District of Columbia. (3) "Judicial officer" means the Chief Judge, a Senior Judge, an Associate Judge, or a Magistrate Judge of the court. (4) "Minor" means a person under 18 years of age. [(5)] "Petitioner" means the person for whom an anti-stalking order is sought under this chapter. (6) "Respondent" means any person against whom a petition for an anti-stalking order is filed under this chapter. (7) "Stalked" means any course of conduct prohibited by § 22-3133.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Code of the District of Columbia, Title 16: Particular Actions, Proceedings and Matters. - Chapter 10: Proceedings Regarding Intrafamily Offenses. - Subchapter III: Domestic Violence.
§ 16-1031Arrests.In force
(a) A law enforcement officer shall arrest a person if the law enforcement officer has probable cause to believe that the person: (1) Committed an intrafamily offense that resulted in physical injury, including physical pain or illness, regardless of whether or not the intrafamily offense was committed in the presence of the law enforcement officer; or (2) Committed an intrafamily offense that caused or was intended to cause reasonable fear of imminent serious physical injury or death. (b) The law enforcement officer shall present the person arrested under subsection (a) of this section to the United States Attorney for charging. (1) Notwithstanding subsections (a) and (b) of this section, a law enforcement officer shall not be required to arrest a person who is under 18 years of age when there is probable cause to believe that the person has committed an intrafamily offense, where the victim of that offense is not an intimate partner, as that term is defined in § 16-1001(6A). (2) If a person is not arrested under paragraph (1) of this section, the person shall be diverted to a program that provides behavioral health and community support services.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Sacchetti v. Gallaudet Univ. (Court of Appeals for the D.C. Circuit 2018, 344 F. Supp. 3d 233)“…nd uncooperative," Gallaudet's Summ. J. Mem. at 17; (3) " D.C. Code § 16-1031 (a) not only justified, but actually r…”
- Richards v. Gelsomino (District Court, District of Columbia 2019)“…sonable fear of imminent serious physical injury or death” (D.C. Code § 16-1031(a)(2)). Def.’s Mot. at 8–10. However, b…”
- Richards v. Metropolitan Police Department Officer Jennifer Gelsomino (District Court, District of Columbia 2017, 240 F. Supp. 3d 173)“…family offense involving a threat, see id. ¶ 42; see also D.C. Code § 16-1031(a)(2); that Gelsomino failed to take t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of the District of Columbia, Title 23: Criminal Procedure. - Chapter 5: Warrants and Arrests. - Subchapter V: Arrest Without Warrant.
§ 23-581Arrests without warrant by law enforcement officers.In force
(1) A law enforcement officer may arrest, without a warrant having previously been issued therefor — (A) a person who he has probable cause to believe has committed or is committing a felony; (B) a person who he has probable cause to believe has committed or is committing an offense in his presence; (C) a person who he has probable cause to believe has committed or is about to commit any offense listed in paragraph (2) and, unless immediately arrested, may not be apprehended, may cause injury to others, or may tamper with, dispose of, or destroy evidence; and (D) a person whom he has probable cause to believe has committed any offense which is listed in paragraph (3) of this section, if the officer has reasonable grounds to believe that, unless the person is immediately arrested, reliable evidence of alcohol or drug use may become unavailable or the person may cause personal injury or property damage.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Katz v. District of Columbia (District of Columbia Court of Appeals 2022)“…se it failed to comport with either of the requirements in D.C. Code § 23-581(a)(1)(C). That provision establishes t…”
- Goldston v. United States (District of Columbia Court of Appeals 1989, 562 A.2d 96)“…supra, 462 U.S. at 244 , 103 S.Ct. at 2335 ; see D.C.Code § 23-581(a)(1) (1981 & 1988 Supp.). [11] Accord…”
- Alvarez v. United States (District of Columbia Court of Appeals 1990, 576 A.2d 713)“…nd was therefore authorized to arrest him. See D.C.Code § 23-581(a)(l) (1989). Accordingly, we affirm th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- DC Code 16-1001 through 16-1007 (Civil Protection Orders)(code.dccouncil.gov).gov
- DC Superior Court, Domestic Violence Division(dccourts.gov).gov
- DC Code 16-1004 (Temporary Protection Order; firearm surrender)(code.dccouncil.gov).gov
- DC Code 16-1005 (Civil Protection Order; penalty for violation)(code.dccouncil.gov).gov
- D.C. Code 16-1062 - Anti-Stalking Orders (petition)(code.dccouncil.gov).gov
- DC Code 16-1003 (Petition for civil protection order; qualifying offenses)(code.dccouncil.gov)
- DC Code 16-1031 (Arrest for intrafamily offense)(code.dccouncil.gov)
- DC Code 23-581 (Arrests without warrant)(code.dccouncil.gov)