Archives for Washington DC CPO lawyer

LEGAL STANDARD TO EXTEND A CIVIL PROTECTION ORDER: RECENT COURT OF APPEALS CASE

The Court of Appeals in RAMIREZ v. SALVATERRA, decided on July 23, 2020, assessed, analyzed and further provided legal guidelines for extending a Civil Protection Order (CPO) for more than a year. As a summary, the Intrafamily Offenses Act codified in D.C. Code §§ 16-1001–1006, created a civil mechanism for addressing violence within families, that is, an imaginative and progressive system that was designed to promote prevention and treatment over punishment.  As such, the DC Courts have a wider range of dispositional powers than criminal courts to issue CPOs that enjoin future actions and provide for counseling and mental health
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DC CIVIL PROTECTION HEARINGS/TRIAL AND DISCOVERY

The Civil Protection filing and litigation although has an expansive reach in enforcing a range of orders, has a limited scope with regards to witness statement under the Jencks Act and generally discovery before the hearing. Moreover, the threshold burden of proof is rather low.  Specifically, the Statute provides: If, after hearing, the judicial officer finds that there is good cause to believe the respondent has committed or threatened to commit a criminal offense against the petitioner or against petitioner’s animal or an animal in petitioner’s household, the judicial officer may issue a protection order that: Directs the respondent to
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Excited Utterance Exception: Admissibility of the 911 tapes: Recent DC Court of Appeals Decision: Washington DC Criminal Lawyer

Oftentimes in the Washington DC domestic violence assault cases, the complainant does not actually testify for one reason or another. In such cases, the government attempts to introduce the 911 reporting/call of the complainant in lieu of the substantive evidence of assault. If the 911 tape recoding does meet the three prong test for admission; then the recording can and will be admitted and relied upon by the trier of the facts albeit the jury or the judge. The DC Court of Appeals on August 17, 2017, in Pelzer v. U.S., highlighted and outlined the test of admissibility for the
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