Powell v. Powell
Powell v. Powell
Opinion of the Court
This is an appeal from a ruling of a trial court sitting in the Intrafamily Branch of the Family Division. The ruling challenged as erroneous was that the trial court lacked the authority to grant monetary relief as part of a civil protection order (“CPO”) issued under the Intrafamily Offenses Act (“the Act”), D.C.Code §§ 16-1001 to -1006 (1981 & 1987 Supp.).
Jacqueline Powell, the appellant/petitioner, filed a petition under the Act against her husband, Melvin Powell, seeking protection for herself and her two teenage sons. Among other relief, she sought a court order requiring her husband to pay $1100 monthly “to cover both child support and rental expenses for a house or apartment, the address of which shall remain unknown to respondent.” After a hearing, the trial court issued a CPO against the husband ordering, inter alia, that he vacate the family residence and not threaten or abuse the wife and children. However, the trial court refused to grant the request for tiie $1100 monthly payment and likewise refused the wife’s alternative requests that the husband be ordered to continue making mortgage payments on the
Appellant interprets the trial court’s oral rulings as based on the court’s belief that under the Act it had no power to award any monetary relief, but rather that the relief sought could be obtained only through a filing in the Domestic Relations Branch of the Family Division. We shall proceed on that assumption.
Thus, the issue before us is whether monetary relief is unavailable in an action under the Act between spouses or between parent and minor child,
As originally enacted by the Congress in 1970, the Act provided for only three types of specific relief available under a CPO: requiring the respondent to refrain from the conduct complained of, to participate in treatment programs, and to avoid the presence of the endangered family member. The Act also contained a catchall provision with language identical to the present section (10). D.C.Code § 16-1005(c) (1981).
In 1982, the District of Columbia Council enacted a number of amendments to the Act, to deal with “several critical weaknesses” that had surfaced in the functioning of the Act. D.C.Council, Committee on the Judiciary, Report on Bill 4-195 (May 12, 1982). One such weakness dealt with effective remedies. “It has been stated repeatedly ... that the current interpretation of D.C.Code, sec. 16-1005 by the local courts has been extremely narrow, such that truly effective remedies are not ordered in some cases.” Id. at 10. Accordingly, six additional types of possible specific relief were added to § 16-1005(c): requiring the respondent to vacate the premises (including jointly owned or leased property), directing the respondent to relinquish possession or use of personal property (including jointly owned personalty), award of temporary custody of minor children, determining visitation rights, awarding litigation costs, and ordering the local police to assist in the enforcement of CPOs. While it is true that monetary relief is not specifically mentioned as such, several of the provisions effectively deal with temporary adjustment of property interests, a form of monetary relief, and the litigation costs provision involves, of course, direct payment. Moreover, the plain intent of the legislature was an expansive reading of the Act, which we think must be accorded to the catchall provision as well.
For the foregoing reasons, we hold that the trial court erred in its conclusion that it had no power to award any monetary relief in the proceeding before it. However, we see no occasion for a remand. Whatever monetary relief might have been awarded would have been to accomplish an “effective resolution” of the matter of family violence then before the court. Almost two years have since passed and plainly an award now could have no such retroactive effect.
AFFIRMED.
. It is not clear that all forms of the requested monetary relief were denied on this basis alone.
. In such cases, monetary relief provided under the Act would have a basis in an obligation existing apart from the Act itself, namely, in the statutory duty of maintenance. D.C.Code § 16-916 (1981 & 1987 Supp.). We do not deal here with the issue whether § 16-1005(c)(10) standing alone can be used to create an enforceable obligation authorizing monetary relief, such as, for example, between unmarried roommates. Cf. Sandoval v. Mendez, 521 A.2d 1168 (D.C. 1987).
. In 1982, the Act was amended to authorize petitions directly by a victim. D.C.Code § 16-1003(a) (1987 Supp.).
. In concluding that we have any jurisdiction over this appeal, we rely on the principle that, with respect to Mrs. Powell, this situation is one “capable of repetition, yet evading review.” Honig v. Doe, — U.S. -, 108 S.Ct. 592, 601-04, 98 L.Ed.2d 686 (1988); United States v. Edwards, 430 A.2d 1321, 1324 n. 2 (1981) (en banc), cert. denied, 455 U.S. 1022, 102 S.Ct. 1721, 72 L.Ed.2d 141 (1982).
Concurring in Part
concurring in part and dissenting in part:
I agree with Judge Steadman’s opinion for the court except for the disposition of the last paragraph. I would reverse and remand for the Intrafamily Branch to reconsider whether, in light of this court’s ruling, Ms. Powell should receive monetary relief for the period October 2, 1986 to January 25, 1987 — the period for which she was not awarded such relief by that branch or by the Domestic Relations Branch.
Despite the passage of time, the trial court after hearing and argument — not this court — should decide in the first instance whether monetary relief is appropriate to help “accomplish an ‘effective resolution’ of the matter of family violence,” ante at 975, that was before the court. It is not clear to me whether the trial court should answer that question as of the time of remand or as of the time the matter was before the Intrafamily Branch. Our decision to affirm, rather than remand, in effect holds as a matter of law that the focus for this purpose must be on the present, not on the past, and that the parties are not entitled to address this issue in the trial court. I think that the question is too complex for such a conclusory — and conclusive — ruling.
Reference
- Full Case Name
- Jacqueline POWELL, Appellant, v. Melvin POWELL, Appellee
- Cited By
- 11 cases
- Status
- Published