{"data":{"id":"us-dc/d.c.-code-16-4604.09","jurisdiction":"us-dc","citation":"D.C. Code § 16-4604.09","heading":"Warrant to take physical custody of child.","body":"(a)\nIf a petition under this subchapter contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.\n\n(b)\nThe respondent on a petition under subsection (a) of this section shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.\n\n(c)\nAn ex parte warrant under subsection (a) of this section to take physical custody of a child shall:\n(1)\nRecite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;\n(2)\nDirect law enforcement officers to take physical custody of the child immediately;\n(3)\nState the date and time for the hearing on the petition; and\n(4)\nProvide for the safe interim placement of the child pending further order of the court.\n\n(d)\nIf feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.\n\n(e)\nThe petition and warrant shall be served on the respondent when or immediately after the child is taken into physical custody.\n\n(f)\nA warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.\n\n(g)\nIf the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection (a) of this section for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney’s fees, costs, and expenses.\n\n(h)\nThis subchapter does not affect the availability of relief allowed under the law of this state other than this subchapter.","path":["Title 16. Particular Actions, Proceedings and Matters. [Enacted title]","Chapter 46. Uniform Child-Custody Jurisdiction and Enforcement.","Subchapter IV. Child Abduction Prevention."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-4604.09","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"30cf7e8485e498e121fe47dda3f18630502ca0319a2bca284599aca49ca17905","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-16-4604.08","next":"us-dc/d.c.-code-16-4604.10"},"notice":"GroundRules: Original legal text. Not legal advice."}
