Ex parte temporary protection order

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(a) If a petition filed in accordance with § 7-1906(a) is supported by affidavit and alleges the existence of an immediate, substantial risk of life-threatening harm to an adult who the Department has determined is in need of protective services, the court may, upon a finding of probable cause and in accordance with § 7-1906(e), grant any relief listed in § 7-1906(d) immediately and without a hearing by issuing an ex parte temporary protection order. The Attorney General shall ensure that, within 48 hours after the issuance of such an order, notice of the hearing date and copies of the petition, supporting affidavit(s), and order are served on the same parties and in the same manner described in § 7-1906(b).

(b) An ex parte temporary protection order shall remain effective for such period as the court may specify until a hearing is held and the petition for a provisional protection order granted or denied pursuant to § 7-1906. The court may modify or rescind an ex parte temporary protection order upon the motion of any person and for good cause shown.

(Mar. 14, 1985, D.C. Law 5-156, § 8, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67, § 2(g), 53 DCR 40.)

Prior Codifications

1981 Ed., § 6-2507.

Section References

This section is referenced in § 7-1905 and § 7-1906.

Effect of Amendments

D.C. Law 16-67, in subsec. (a), substituted “Attorney General” for “Corporation Counsel”.

Editor's Notes

Delayed application of Law 5-156: See Historical and Statutory Notes following § 7-1901.


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