(a) If, at any time, a participant is subject to an order or is involved in an action of a tribunal, OVSJG shall notify the relevant tribunal of the participant's certification.
(b)(1) No person shall be compelled to disclose a participant's actual address during any proceeding before a tribunal unless the tribunal finds, based upon clear and convincing evidence, that:
(A) A party will suffer material harm without disclosure of the participant's actual address;
(B) The harm to the participant is substantially outweighed by the material harm to the party requesting disclosure of the participant's actual address;
(C) There are no alternatives to disclosure of the participant's actual address that would address the material harm; and
(D) The disclosure is narrowly tailored in both scope and manner to disclose the minimum amount of participant information necessary to address the material harm.
(2) A tribunal may seal the portion of any record that contains a participant's actual address.
(c) Nothing in this subchapter, including the fact that a person is a participant, shall affect an existing or future order relating to the allocation of custody, parental responsibilities, or parenting time.
(d) Participation in the Program shall not constitute evidence of a covered offense.
(e) Whenever the laws of the District provide a participant a legal duty to act within a prescribed period of 10 days or less after the service of a notice or other paper upon the participant, and the notice or paper is served upon the participant by mail pursuant to this subchapter, 5 days shall be added to the prescribed period.
(July 3, 2018, D.C. Law 22-118, § 107, 65 DCR 5064.)
Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.
Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 107 of D.C. Law 22-118 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Structure District of Columbia Code
Subchapter III-A - Crime Victims' Address Confidentiality
§ 4–555.02. Establishment of the Address Confidentiality Program
§ 4–555.03. Program applications and certification of participants
§ 4–555.04. Certification cancellation
§ 4–555.05. Address use by District agencies
§ 4–555.06. Requests by a District agency for disclosure of an actual address
§ 4–555.07. Program participation and procedures