The DC Court of Appeals on September 3, 2026 reversed a dismissal that had barred Fonda Allen, the paternal grandmother of two children, from filing a civil protection order against their mother, Tamieka Whitehead, in the case of Allen v. Whitehead.
Allen had been granted permanent sole legal and physical custody of the grandchildren after a custody dispute, while Whitehead retained the right to monthly supervised visits. The grandmother alleged that Whitehead had repeatedly abused her verbally and physically, including an incident where Whitehead allegedly banged on Allen’s front door, shouted obscenities and threatened to kill her.
The lower court dismissed Allen’s petition on a jurisdictional ground, concluding that the Intrafamily Offenses Act’s definition of “family member” did not encompass a grandparent who held legal custody but was not biologically related to the alleged offender.
The appellate court held that Allen’s blood relationship to the children, combined with her legal custody, satisfied the statutory definition of a family member. A judge noted that the law should be interpreted liberally to protect those in close familial relationships, even when the parties are not directly related.
The ruling expands the ability of legally custodial grandparents to seek protection orders, potentially altering the landscape of intrafamily offense cases in Washington, DC. A hearing on whether a protection order should be granted is scheduled for September 25, 2026, and other families may look to this decision as a precedent.