Do I need a lawyer for a CPO hearing in D.C.?
by Jamison Koehler on May 19, 2019
Whether or not you should hire a lawyer for a CPO hearing depends on what you are hoping to achieve.
Unlike a criminal case in which the defendant faces potential jail-time, the stakes are not as high in a civil protection order (CPO) case. In the worst-case scenario, the court grants the petitioner’s request for a year-long protection order and imposes a series of restrictive conditions on you.
Many of the parties on both sides – petitioners as well as respondents – do in fact represent themselves at CPO hearings every day in D.C. Superior Court.
That said, there are a number of reasons you might want to hire a lawyer.
For one thing, although not as serious as a criminal case, the issuance of a CPO against you can have several life-long consequences. There is a social stigma attached. For example, would you want your child to date someone who had been the target of a restraining order? There are career ramifications: The question often comes up on job applications and during background investigations, particularly in connection with a security clearance. Finally, the issuance of a CPO against you can subject you to potential criminal liability should the petitioner allege a violation. It is, after all, a crime punishable by up to 180 days in jail and a fine of up to $1,000 to violate a CPO.
A lawyer can also serve simultaneously as your advisor and advocate. For example, you have a number of options when you find yourself served with notice of the CPO hearing. You can agree to the CPO, with or without admissions. You can negotiate a private agreement that avoids the pitfalls of a CPO altogether. Or you can litigate the CPO.
This leads to the last benefit of having a lawyer represent you: A lawyer will be particularly helpful if you decide to contest the CPO through a hearing. In most cases in which one or both parties are unrepresented, the court will step in to assure that no one’s rights are seriously jeopardized. At the same time, there is a big difference between protecting basic due process rights and actively promoting your interests through a strong and creative defense. Substantive law and the rules of evidence are complicated and, in many cases, counterintuitive. An experienced lawyer can be the difference between success and failure.