Family Court in Washington, D.C.: What Survivors Need to Know (Custody, CPOs & Support)

In the District of Columbia, family law matters are heard in the D.C. Superior Court (Family Court). D.C. has strong statutory protections for survivors, specifically regarding the "presumption" of custody. Unlike many jurisdictions that default to 50/50, D.C. law explicitly shifts the favor away from a parent who has committed violence.

Whether you are in Northwest or Southeast, the law (D.C. Code Title 16) applies equally. Here is what you need to know.

1. The "Intrafamily Offense" Presumption (D.C. Code § 16-914)

This is the most critical statute for survivors in D.C. custody cases.

• The General Rule: D.C. generally presumes that joint custody is best.

• The Exception: Under D.C. Code § 16-914(a)(3), if the court finds by a preponderance of the evidence that a parent has committed an "intrafamily offense" (domestic violence), child abuse, or parental kidnapping, there is a rebuttable presumption that joint custody is NOT in the child's best interest.

• What this means: If you prove the violence, the judge must assume the abuser should not have joint custody. The abuser then has the burden to prove that they are safe and that the child will not be harmed by the arrangement.

2. Civil Protection Orders (CPO)

You can file for a CPO at the Domestic Violence Intake Center (DVIC) at the Superior Court or the satellite center in Anacostia (UMC).¹

• Temporary Protection Order (TPO): Issued immediately (ex parte) if you are in immediate danger.² It typically lasts 14 days until your full hearing.

• Civil Protection Order (CPO): Issued after a hearing.³ It generally lasts for 1 year but can be extended.

• Relief Available: A CPO is powerful.⁴ It can grant you temporary custody, order the abuser to vacate the home ("stay away"), order temporary child support, and mandate the abuser to attend counseling or a domestic violence intervention program.⁵

• Proof: You must prove that an "intrafamily offense" occurred. This includes assault, threats, stalking, and destruction of property.

3. Mediation & "Multi-Door" Dispute Resolution

D.C. sends most family cases to the Multi-Door Dispute Resolution Division for mediation.

• The Risk: Mediation typically involves negotiating with the other parent.

• The Screening: Intake specialists screen for domestic violence. You must disclose the abuse during this screening.

• The Exemption: If there is a history of domestic violence, you are usually exempt from mediation. If you choose to proceed (which is rarely recommended without a lawyer), the program uses "shuttle mediation" where you sit in separate rooms and never see the abuser.

4. Child Support & "Good Cause"

• Guideline: D.C. uses a specific guideline calculator based on the gross income of both parents.

• CSSD: The Child Support Services Division (CSSD) handles enforcement.

• Safety Waiver: If you receive TANF benefits, you are technically required to help CSSD sue the father. However, if doing so would endanger you or the child, you can file a "Good Cause" Claim to be excused from this requirement while still receiving benefits.

5. Confidentiality in Court

• Confidential Information Form: When you file your initial complaint or petition, D.C. Superior Court allows you to use a "Confidential Information Form" (Form 26).

• Substitute Address: You can ask the court to keep your address confidential and use a substitute address (like a friend's house or lawyer's office) for service of process. Do not list your safe house address on any public court document.

6. Third-Party Custody (D.C. Code § 16-831)

If you are a survivor and you need a relative (like a grandparent) to take custody temporarily to keep the child safe from the abuser, D.C. has a specific Third-Party Custody statute.⁶

• Presumption: This law allows a third party to sue for custody if the parent's consent is obtained OR if the parent is unfit (e.g., due to abuse/neglect). This can be a strategic tool if you need to step back to heal or find housing but want to ensure the abuser doesn't get the child.

Frequently Asked Questions (FAQ)

Q1: Can I record my partner to prove abuse?

Yes. D.C. is a "One-Party Consent" jurisdiction. You can legally record a conversation you are participating in without the other person's knowledge. These recordings are often admissible in CPO hearings to prove threats or verbal abuse.

Q2: Do I need a lawyer for a CPO hearing?

It is highly recommended. However, survivors often represent themselves (pro se). D.C. SAFE and Bread for the City can often provide advocates or legal representation for CPO hearings.7 D.C. SAFE advocates are also located directly in the DVIC (Intake Center) to help you file.8

Q3: Does "emotional abuse" count for a CPO?

Yes, if it involves threats. D.C. law covers "threats to do bodily harm." Purely emotional abuse (insults) is harder to prove as a crime, but stalking (which includes causing emotional distress) is a valid ground for a CPO.

Q4: Can I move out of D.C. with the child?

Be careful. If a custody case has started, you usually cannot move the child out of the "DMV" area (D.C., Maryland, Virginia) without permission. However, if you are fleeing violence, the court may view this differently. You should file a "Notice of Intent to Relocate" or an emergency motion explaining the safety risk immediately.

Q5: What if the abuser violates the CPO?

Call the police. Violation of a CPO is a criminal offense (Criminal Contempt).9 The U.S. Attorney’s Office prosecutes these violations. You can also file a "Motion for Contempt" in civil court, but calling the police is the fastest safety response.

Q6: Can I get alimony in a CPO?

No. A CPO can award child support, but it typically does not award alimony (spousal support). You must file a separate divorce or custody case to get alimony.

References & Resources

• DC Victim Hotline: 1-844-443-5732 (24/7).¹⁰

• D.C. SAFE: dcsafe.org (Crisis intervention and CPO assistance).¹¹

• Legal Aid of the District of Columbia: 202-628-1161.

• Ayuda: Legal/Social help for immigrant survivors.¹²

• Legislation: D.C. Code § 16-914 (Custody Presumption), § 16-1005 (CPOs).