Maldonado v. Maldonado
Maldonado v. Maldonado
Opinion of the Court
On January 30, 1992, the trial court issued a Civil Protection Order (“CPO”) at the request of appellant (“wife”) against her husband, the appellee. In January 1993, the wife’s motion to extend the CPO for a period of one year was denied. This appeal followed. We reverse and remand.
I.
In January 1992, the wife sought a civil protection order because of the husband’s abusive behavior which included beatings with the hands, a belt, a thick cable, threats with a gun, and other physical force which on at least one occasion caused the wife to lose consciousness. The abuse culminated in a severe beating on January 13, 1992, which required hospital treatment. Thereafter, the wife and the couple’s two daughters went into hiding. In order to provide protection for herself and her daughters, the wife obtained, on January 17,1992, a Temporary Protective Order which expired after fourteen days. A hearing on her request for a CPO, which could be in effect for up to one year, was scheduled for January 30, 1992. On that date the husband consented to the issuance of a CPO to expire on January 30, 1993.
The court approved the CPO which provided that: 1) the husband shall not molest, assault or in any manner threaten or physically abuse the wife; 2) the husband shall stay away from the wife’s home, person, work place, and children’s school; 3) the husband shall not telephone the wife; 4) the husband shall relinquish possession and/or use of the wife’s pocketbook, wallet, working permit, ID card, bank card, Social Security card, passport, and any other items of the children’s persona] belongings, table, four chairs and dishes; 5) the wife be awarded temporary custody of the minor children; 6) the husband shall have no rights of visitation with the children until the expiration of the order or until further order of the court; 7) the Metropolitan Police Department shall accompany the wife to 542 Irving Street, N.W., Washington, D.C., for the purpose- of assisting the wife while she removed the items listed above and to prevent violence between the wife and the husband; 8) the husband shall pay child support in the amount of $523 per month — during the month of February 1992, the husband shall pay $400 toward this obligation ($200 on 2/3/92 and $200 on 2/15/92); beginning March 15, 1992, and every 15th thereafter, the husband shall pay $523 plus any arrearage owed from the month of February — and 9) the husband shall not withdraw the application for permanent residence that he had filed on behalf of the wife.
Meanwhile, in a separate criminal proceeding, the husband was indicted for armed assault with intent to kill, threats, and obstruction of justice for conduct which arose from one of his attacks on the wife. The husband subsequently pleaded guilty in that case, and on December 30, 1992, Judge Wolf imposed an aggregate sentence of not less than two years and not more than eight years. The husband began serving that sentence immediately.
On December 21,1992, the wife moved to extend the CPO which was scheduled to expire on January 30, 1993. The motion alleged that the husband violated the CPO on a number of occasions, including: waiting for the wife outside her place of employment and attempting to induce her to allow him to see the children; approaching
The wife’s request for an extension came before Judge Wolf for a hearing on January 26, 1993, with the husband, the wife, and the latter’s attorney all being present. The trial judge, noting that since the husband was serving a prison sentence he would not be able to physically assault the wife, concluded that no CPO would be necessary: “I don’t think there’s good cause when he’s locked up.” Accordingly he denied the motion to extend. We hold that the trial judge erred in so doing.
II.
Under the Intrafamily Offenses Act, a CPO may be extended “for good cause shown.” See D.C.Code § 16-1005(d) (1989).
The Intrafamily Offenses Act is a remedial statute and as such should be liberally construed for the benefit of the class it is intended to protect. See Cruz-Foster, supra, 597 A.2d at 930; United States v. Harrison, 149 U.S.App.D.C. 123, 124, 461 F.2d 1209, 1210 (1972). Here the wife sought an extension that would have preserved the custody status of her children, required the husband to pay regular child support, and ordered the husband not to telephone the wife and not to molest, assault or in any manner threaten or physically abuse the wife or her children. The proposed extension also required the husband to stay away from the wife’s home, work place, and the children’s schools. Only the latter directive would be fully rendered moot by the husband’s incarceration and that would be so only if the sentences imposed in the criminal case assured that the husband remained in custody around-the-clock throughout the duration of any extended CPO. We are not persuaded that such necessarily would be the case.
Furthermore, as the trial judge himself recognized, appellant could be released to a half-way house as early as January 25, 1994 — five days before the expiration of the requested extended CPO. See supra note 4. Whether appellant would in fact be paroled when he was first eligible, and whether, if paroled, he would be placed in a half-way house at the earliest possible date, is far from certain. The possibility of this occurrence, however, cannot be ignored. Finally, appellant is incarcerated at a nearby facility and if he were to escape he would likely be able to locate the wife and their children if he wished to do so. A CPO, of course, does not guarantee protection under those circumstances; however, that is not the standard for its issuance. Rather, its existence serves as a potential deterrent and provides a measure of peace of mind for those for whose benefit it was issued.
Moreover, with respect to the portion of the original order barring threats directed at the wife and children and the telephoning of the wife, the wife would be left open to harassment or threatening communications from the husband should he gain access to a telephone. In addition, threats can be communicated by mail or through third parties. Although threats to commit physical harm by one incarcerated may, in some instances, not rise to the level of seriousness that physical abuse does, such conduct nonetheless can have significant adverse affects upon the victim. Congress recognized that reality in 1968 when it provided that a threat to injure the person of another is punishable for a term of up to twenty years. See D.C.Code § 22-2307 (1989). At a minimum, the wife is entitled to be free of abuse or threats by the husband whether committed by telephone or the mail. Further, although the husband has apparently acted in person in his previous assaults upon the wife, during the period he is incarcerated he could act through others to molest or assault her or the children. Again, although a CPO does not guarantee that such conduct will not occur, it nonetheless serves as some deterrent. Thus, we conclude that even if the husband remained incarcerated, that circumstance would not prevent him from engaging in conduct, either alone, through others, or both, that would be barred by the CPO if it had been extended.
In addition, we note that there are other factors that should be taken into account. For example, the original CPO gave the wife custody of the children and the proposed extended CPO would have preserved that status. By allowing the original CPO to expire, the children’s status is left in some doubt although, in light of the husband’s incarceration, no immediate conflict would appear to be present.
Finally, the husband consented to the extension of the CPO. Although the trial court made no findings concerning the voluntariness of that consent, the inquiries made of the husband by the trial judge suggest that the husband was freely agreeing to the extension. We believe the purpose of the statute is served by encouraging respondents’ consent to these agreements. See Super.Ct. Intra-Fam.R. 11(b). We think, therefore, that if the consent is voluntary a trial judge ordinarily should issue the CPO when requested. See United States v. City of Jackson, 519 F.2d 1147, 1151 (5th Cir. 1975) (court should approve consent decree so long as its terms are not unlawful, unreasonable, or inequitable); see also Moore v. Jones, 542 A.2d 1253, 1254 n. 1 (1988) (“[cjourt approval of a consent decree means the court has concluded that the terms of the decree are not unlawful, unreasonable, or inequitable”). If the trial court declines to issue a CPO freely consented to by a respondent, we believe that a strong statement of reasons for not doing so should be set forth. Here, the trial judge gave no reason for declining to accept the respondent’s agreement to be bound by the extension of the CPO, and we conclude for that reason and the other reasons set forth above that he abused his discretion. Accordingly, we reverse and remand for further proceedings on the wife’s motion to extend the CPO.
Reversed and remanded.
. The wife complains in her brief that virtually none of the facts contained in appellee’s brief have record support. We agree. Appellant did not move to strike appellee's brief and we will not take such action on our own. The facts set forth in this opinion were taken from the record and to the extent that the facts contained in appellee’s brief conflict with or add to the record, we reject them.
. This provision relates to the wife's status as an alien.
. Certain provisions in the original CPO had become moot and therefore were not included in the extended CPO.
. It provides: "A protection order issued pursuant to this section shall be effective for such period up to one year as the Family Division may specify, but the Family Division may, upon motion of any party to the original proceeding, extend, rescind, or modify the order for good cause shown.”
.During the hearing on the motion to extend the CPO, counsel for the wife represented that, with good time credits, the husband would be eligible for parole on July 25, 1994. The trial judge then observed that appellant could be released to a half-way house six months before that date, i.e., January 25, 1994.
. At the hearing on the motion to extend, the wife’s counsel informed the court that a separate custody and support action had been filed but that it had not yet been resolved. The trial judge could have consolidated the domestic relations matter with the CPO action as requested by the wife. See D.C.Code § 16-1004(a) (1989) (trial court shall, where appropriate, consolidate
Concurring Opinion
concurring in the judgment:
The parties tendered a proposed consent decree extending the CPO to the trial judge for his signature. In my opinion, there was no basis whatever for any finding that the decree was unlawful, unreasonable or inequitable, and the judge made no such finding. No claim was made by Julio Maldonado that his consent was coerced or involuntary.
Under these circumstances, I perceive no basis for the judge’s refusal to sign the consent order. Moore v. Jones, 542 A.2d 1253, 1254 n. 1 (D.C. 1988). To the extent that the judge was exercising his discretion, that exercise was flawed as a result of his failure to apply the correct legal standard. In re J.D.C., 594 A.2d 70, 75 (D.C.
We are dealing here with the extension of an injunction. Cruz-Foster, 597 A.2d 927, 931 (D.C. 1991). Although we construe the remedial CPO statute generously, id., I have reservations, absent Julio Maldonado’s consent, about any suggestion that such hypothetical developments as Mr. Maldonado’s possible future escape from prison, or his possible release a few days before an extended order would expire, would be sufficient to require the judge to extend the CPO.
We recently reiterated our unwillingness, in the exercise of judicial restraint, to address or decide difficult questions before we are obliged to do so. See District of Columbia v. Wical Limited Partnership, 630 A.2d 174, 181-182 (D.C. 1993), and authorities there cited. Given the dispositive presence in this record of Julio Maldonado’s apparently unconstrained consent, I would not explore issues which would meaningfully arise only if he had not consented. Accordingly, I concur in the judgment but respectfully decline to join the court’s opinion.
. In fact, Mr. Maldonado had little if any reason to object to the extension of the CPO. He would be in prison during all or most of the time that it would be in effect. Its potential impact on his life would obviously be significantly reduced by the reality of his incarceration.
. For similar reasons, I would not explore on this appeal the question whether the possibility that Julio Maldonado might be able or disposed to make threatening or otherwise inappropriate telephone calls from prison would have been sufficient to warrant extension of the order over his objection.
. I do not suggest that the standards articulated in these cases and others like them should be applied uncritically to the CPO context. Cf. Cruz-Foster, supra, 597 A.2d at 931. The difficulty of the questions presented, however, reinforces my view that we ought not to confront them until we have to.
Reference
- Full Case Name
- Ana MALDONADO, Appellant, v. Julio MALDONADO, Appellee
- Cited By
- 23 cases
- Status
- Published