District of Columbia Protective Orders Laws

Protective orders, also known as restraining orders, are legal documents issued by the court to protect the health and safety of the petitioner. In particular, the court issues these orders to protect victims against domestic violence, sexual assault, harassment, threats, or force. They often require a named individual (respondent) to stay a certain distance from a named victim (petitioner) for a certain period. They can also prohibit the respondent from committing certain acts.

This article provides an overview of protective orders in the District of Columbia. It discusses the types of protective orders and their eligibility for issuance.

Types of Protection Orders Available in the District of Columbia

There are various types of protection or restraining orders in the District of Columbia. This includes the following:

Civil Protection Order (CPO)

You can file for CPO if someone commits or threatens to commit any intrafamily offense against you. Intrafamily crimes can be committed by family members, household members, domestic partners, or intimate partners. This court order may include child support provisions, visitation, and custody.

Persons Entitled to Civil Protective Orders

You may qualify to file for a protective order if you have any of the following relationships with the other party:

• Someone you are or previously married to, in a romantic, dating, or sexual relationship, or a domestic partner
• Someone related to you by blood, adoption, legal custody, marriage, or domestic partnership
• Someone you have a child in common with
• Someone who shares a home with (i.e., a roommate) and with whom you have maintained a close relationship beyond mere acquaintances

In addition, a CPO is available regardless of the victim’s relationship with the offender in the following cases:

• Sexual assault
• Trafficking in labor or commercial sex acts
• Sex trafficking of children

Anti-Stalking Order (ASO)

An ASO addresses situations where the relationship between the victim (petitioner) and the stalker (respondent) falls outside the CPO requirements. You can file this if you experience stalking or harassing behavior by a person who is not your family member, household member, or intimate partner.

Extreme Risk Protection Order (ERPO)

This protection order prohibits the respondent from purchasing or having control of any firearm or ammunition. You can seek this court order if there is a high risk that the respondent would cause injury to themself or others by being in possession of ammunition or a firearm.

Ex Parte Temporary Protection Order

The court can issue an ex parte temporary protection order (TPO) without the respondent’s presence in court. The judge can issue this ex parte order of protection if they believe that the safety or welfare of you or another household member is in immediate danger from the respondent. The temporary protection order can last up to 14 days.

Once you return to court, the judge can extend the TPO for 14 days or until completion of the final court hearing.

Activities Addressed by the Protection Order

Protection orders address any of the following activities:

• Directs the respondent to refrain from committing or threatening to commit criminal offenses against the petitioner and any other people specified by the order
• Requires the respondent to stay away from (stay away order) or have no contact with the victims (no contact order)
• Requires the respondent to participate in psychiatric or medical treatment or appropriate counseling programs
• Directs the respondent to refrain from entering, or to vacate, the dwelling unit of the petitioner when the dwelling is:
  • Marital property of both parties
  • Jointly owned, leased, or rented and occupied by other parties
  • Owned, leased, or rented by the petitioner individually
  • Jointly owned, leased, or rented by the petitioner and a person other than the respondent
• Directs the respondent to relinquish possession or use of certain personal property owned jointly by the parties or by the petitioner individually
• Award temporary custody of a minor child(ren) of the parties
• Provides for visitation rights with appropriate restrictions to protect the safety of the petitioner
• Award costs and attorney fees
• Order the Metropolitan Police Department to take such action as the judicial officer seems necessary to enforce its orders
• Directs the respondent to relinquish possession of any firearms or ammunition. It also prohibits the respondent from having possession or control of, purchasing, or receiving any firearm or ammunition while the order is in effect
• In connection with an animal owned, possessed, or controlled by the petitioner:
  • Directs the ownership, possession, or control of the animal
  • Orders the respondent to stay away from the animal and refrain from possessing, controlling, harming or threatening to harm, or otherwise disposing of the animal
  • Directs the respondent to perform or refrain from any other actions as may be appropriate to the effective resolution of the matter

The court can also add any condition it deems necessary for the victim's safety.

Duration of the Protective Order

A TPO remains in effect for an initial period not to exceed 14 days. The court may extend a TPO to complete the petition's service and protection order hearing. The extension is on 14-day increments up to 28 days for good cause or for a longer time with the consent of both parties.

A CPO remains in effect for an initial period not to exceed two years. A judicial officer may, upon motion of any party, extend, modify, or vacate an order for good cause.

Penalty for Violation of the Protective Order

A violation of the protection order can result in a misdemeanor charge. It's punishable by a fine of up to $1,000, imprisonment for up to 180 days, or both.

Who May Apply for a Protective Order

A person age 16 or older may petition for an order against a person who has allegedly committed or threatened to commit:

• An intrafamily offense
• Animal cruelty against a pet owned by the petitioner
• Sexual assault
• Trafficking in labor or other commercial sex acts
• Sex trafficking of children

A minor who is at least 13 but not yet 16 may petition for an order against a person who has allegedly committed or threatened to commit:

• Intrafamily offense
• Sexual assault
• Sex trafficking of children where the petitioner is the victim

Parents, legal guardians, and legal custodians of minors may file petitions on the minor's behalf. The following people can also file a petition on the minor's behalf:

• A person, 18 years or older, related to the minor by adoption, blood, legal custody, marriage, or domestic partnership
• A sexual assault youth victim advocate

Note: State laws are subject to change. Although FindLaw strives to provide the most current information, it is best to seek legal help from an attorney before making any legal decision.

Get Legal Help With a Protection Order Today

Protective orders are helpful legal methods of ensuring your safety. However, the legal process of obtaining them can be overwhelming and complicated. If you or someone you know is looking at acquiring a protective order, seek legal advice from a family law attorney. They can guide you throughout the process and assist you in making an informed decision.

Whether you need to file a petition in court or understand your options under D.C. law, a family law attorney can help you. You can also get a protection order from the Domestic Violence Division at 500 Indiana Avenue NW, Room 4510.