What You Need to Know About Civil Protection Orders in the District of Columbia

What is a protective order?

A protective order is a court order that lasts for up to two years that prohibits another person from contacting, attempting to contact, harassing, or stalking another person. The “Petitioner” is the person who files a request for a protective order, and the “Respondent” is the person who is served with the protective order. A protective order can also grant temporary custody of children to the Petitioner and order the Respondent to vacate the home if the parties live together. Violation of a protective order is a criminal offense that carries jail time and financial penalties.

Who is eligible for a protective order?

To obtain a protective order, there must be a specific relationship between the Petitioner and the Respondent. The Petitioner may file a protective order against a person who has committed or who has threatened to commit an intrafamily offense against the Petitioner, an act of animal cruelty against the Petitioner’s animal, sexual assault, or sex trafficking of the Petitioner. An “intrafamily offense” is a criminal offense that has been committed against an intimate partner, a family member, or a household member, or as an offense punishable as animal cruelty against an animal that an intimate partner, family member, or household member possesses, owns, or controls.

What is a temporary protective order (TPO), and is a TPO always issued before a final protective order hearing?

The court may issue a temporary protection order if the petitioner or a person petitioning on the petitioner's behalf establishes that the safety or welfare of the petitioner, or an animal the petitioner owns, possesses, or controls, is immediately endangered by the respondent. A temporary protection order shall remain in effect for an initial period not to exceed 14 days as necessary to complete service and the hearing on the petition. The court may extend a temporary protection order as necessary to complete service and the hearing on the petition. If a judge declines to grant a TPO but the court finds that there is good cause to believe that the Respondent has committed or threatened to commit an intrafamily offense or animal cruelty, then a final protective order hearing will be scheduled.

Am I entitled to see the other party’s evidence before the hearing?

Unlike a criminal case or a typical civil lawsuit, a party in a protective order proceeding is not automatically entitled to see the other party’s evidence. A judge has the discretion to order that discovery (or evidence) be produced upon motion of a party if it finds good cause to do so.

How do I get a protective order?

The first step in getting a protective order is to file a Petition with the court. This can be done online through the court’s website or in person. If the Petitioner is requesting a TPO, then they will appear before a judge the same day or the next business day to state under oath why they are requesting protection from the Petitioner. If a TPO is not granted or the Petitioner is not requesting a TPO, then a final protective order hearing will be held within 14 days.

How long does a protective order last?

A TPO can last up to 14 days pending the hearing on the final protective order. A final protective order can last for a maximum of two years from the date that the final order is issued.

What should I bring to the final protective order hearing?

Regardless of whether you are the Petitioner or the Respondent, bring all evidence that tends to support your case to the final hearing. You should print out text messages, social media posts, emails, or other documents as opposed to trying to introduce them into evidence through your phone or computer. Either party may call witnesses to testify on their behalf.

What if I am accused of violating a protective order?

Since violation of a protective order is a criminal offense, you should immediately consult with an experienced attorney who can advise you of the criminal process and assist you in your defense. Do not make any statements to the police or anyone else because anything you say can and will be used against you.

Do I Need a Lawyer to File for a Protective Order or Defend Myself Against One?

While a lawyer is not required since this is a civil proceeding, hiring a lawyer can be very helpful in understanding the process and consequences. A lawyer can negotiate with the opposing party and use their knowledge of the rules of evidence at the contested hearing. A lawyer can reduce stress by guiding their client through the entire process from filing a protective order to serving a protective order to defending against a protective order. Protective orders can have serious consequences for a Respondent, especially if the Respondent shares a home or children with the Petitioner. In addition, protective orders can be a problem if the Respondent has a security clearance for their job.

Contact our office at 240-396-4373 to schedule your consultation with one of our skilled attorneys.