Another win in D.C. Superior Court anti-stalking order (ASO) trial

Koehler Law prevailed yesterday at another trial in the Domestic Violence Division of D.C. Superior Court.

The court denied an anti-stalking order (ASO) petition filed against our client, who was the respondent in the case.

Angry or Offensive Words May Be Protected by the First Amendment

The parties were neighbors whose backyards abutted each other. Their dogs were the primary source of the dispute. According to the evidence at trial, the petitioner’s dog barked frequently, including late at night.

Our client went to the petitioner’s house one night to complain about the barking.

The two men exchanged angry words on that occasion and during other encounters in the neighborhood. At one point, our client told the petitioner to “f off” and gave him the middle finger.

Although these words and gestures may have been offensive, offensive speech does not necessarily constitute stalking. 

In Mashaud v. Boone, 295 A.3d 1139 (D.C. 2023), the D.C. Court of Appeals addressed the important First Amendment limitations that apply when speech is alleged to constitute stalking.

“Feeling Perturbed” Is Not Severe Emotional Distress

An anti-stalking order in D.C. requires more than proof that another person’s conduct was annoying, upsetting, or offensive.

In this case, the petitioner testified that our client’s conduct left him feeling “kind of perturbed.” The court concluded that this did not rise to the level of emotional distress required under D.C.’s stalking law.

The court also rejected the claim that our client had acted with the intent to harass or stalk the petitioner.

According to the evidence at trial, our client was concerned about protecting his two small French bulldogs from the petitioner’s much larger German shepherd. He also wanted the late-night barking to stop so that he and his neighbors could sleep.

The court denied the anti-stalking order petition.

Anti-Stalking Orders in Washington, D.C.

An anti-stalking order (ASO) is a civil court order available in the District of Columbia when the statutory requirements for stalking have been established. Not every unpleasant interaction, neighborhood dispute, angry exchange, or offensive statement qualifies as stalking.

Whether an ASO should be granted depends on the specific facts of the case, the requirements of D.C. law, and, when speech is involved, applicable First Amendment protections.

Koehler Law represents both petitioners and respondents in anti-stalking order cases before the Domestic Violence Division of D.C. Superior Court.  Every case is different:  Our success in one case is no guarantee of success in another.