Jefferson Memorial

Why settle a civil protection or anti-stalking order case in D.C.?

Jamison KoehlerCivil Protection Orders, D.C. Superior Court, Law Practice

The petition for a civil protection order (CPO) against a Koehler Law client was dismissed recently after the parties reached an out-of-court settlement.

Our client no longer faces the legal, social and other consequences posed by a court-enforceable civil protection order (CPO).  And the petitioner received the assurances she needed to feel comfortable.  

WHAT IS A CIVIL PROTECTION ORDER IN D.C.?

A Civil Protection Order, or CPO, is an order issued by the Superior Court of the District of Columbia that can require a respondent to comply with conditions such as staying away from or having no contact with the petitioner.

Thomas Jefferson statueA CPO proceeding involves two parties:

  • The petitioner is the person asking the court to issue the protection order.
  • The respondent is the person against whom the protection order is sought.

For a respondent, the decision whether to litigate or attempt to negotiate a resolution can therefore have significant practical consequences.

WHAT ARE THE BENEFITS OF AN OUT-OF-COURT AGREEMENT?

There are many reasons parties agree to such an out-of-court settlement in either a CPO or anti-stalking order (ASO) case.

  1. Reduced risk

No matter how strong you think your case may be, there is always the risk of that you could lose.  As Carl von Clausewitz has been quoted as saying, no nation ever goes to war with the belief that it will lose.  Entering into an out-of-court agreement eliminates this uncertainty.   In this particular case, our client was able to avoid an adverse finding of facts against him.  He was also able to prevent potential criminal liability should he have been accused of violating a formal court order.  

  1. Reduced costs

As with many firms, Koehler Law offers both flat-fee and hourly rate options.  If the client is being charged by the hour, agreeing to an out-of-court settlement before trial can greatly reduce legal costs. 

  1. Greater flexibility and control

The standard order issued in a CPO case tends toward a “one-size fits-all” approach to resolving a matter.  An out-of-court agreement can offer the parties far more flexibility in crafting a solution that meets both parties’ needs.  Koehler Law, for example, has used financial incentives to provide the petitioner with the assurances of compliance while allowing the respondent to avoid the risk of an adverse finding of facts against him/her. 

  1. Faster resolution

With only two D.C. Superior Court judges handling the civil protection order and anti-stalking order (ASO) calendar, the docket is extremely crowded.  Parties can sometimes await months for trial.  An out-of-court agreement can be entered into immediately. 

The major problem with an out-of-court agreement is its enforceability.

As with the CPO petition that was dismissed recently, Koehler Law has helped many clients arrive at creative solutions that meet the needs of both parties.