Anti-Stalking Orders (ASO) in Washington, D.C.
| Court | D.C. Superior Court |
|---|---|
| Stalking statute | D.C. Code § 22-3133 |
| Relationship required | None |
| Course of conduct | Two or more occasions, each 24-hour period counted separately; at least one within 90 days of the petition |
| Duration | Up to two years, renewable in one-year increments |
| Enforcement | Criminal sanctions for non-compliance |
What is an anti-stalking order in D.C.?
An anti-stalking order (ASO) in Washington, D.C. is a court order directing a person to refrain from following, monitoring, placing under surveillance, threatening, interfering with or otherwise harassing another person.
An ASO is valid for up to two years, with the possibility of renewal in one-year increments, and the order is enforceable by criminal sanctions in the case of non-compliance. Unlike a civil protection order, an anti-stalking order requires no relationship between the parties.
What is stalking under D.C. law?
"Stalking" is defined in D.C. as a course of conduct directed at a specific person that causes the person to experience fear, alarm or emotional distress.
The criminal offense of stalking in D.C. has a narrow definition with two main requirements: there must be a course of conduct directed at a specific person, and the respondent must have intended, known or should have known that the conduct would cause the other person to experience substantial fear, alarm or emotional distress.
What counts as a course of conduct for an anti-stalking order?
A "course of conduct" can include following, monitoring, placing under surveillance, threatening or interfering with someone, either directly or through a third party. For an ASO petition the course of conduct must meet several requirements.
- Two or more occasions are required, with each 24-hour period treated as a separate occasion
- At least one instance must have occurred within 90 days of the ASO petition
- The conduct must be directed at a specific individual
- The respondent must have possessed the requisite mental state on at least two of the alleged occasions
- The required mental state is an objective standard: what a reasonable person in the respondent's position would have known
- Constitutionally protected activities, such as speech covered under the First Amendment, are not covered
How much fear, alarm or emotional distress does an ASO require?
The stalking statute breaks the required emotional effects into three categories. The conduct must cause the target to fear for his or her safety or the safety of another person; to feel seriously alarmed, disturbed or frightened; or to suffer emotional distress.
The degree of emotional distress required is substantial. The statute is meant to prohibit seriously troubling conduct, not mere unpleasant or mildly worrying encounters. The level of fear, alarm or emotional distress must rise significantly above that which is commonly experienced in day-to-day living and must involve a severe intrusion on the victim's persona, privacy and autonomy.
"Emotional distress" is defined as "significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling." "Fear for safety" means "fear of significant injury or a comparable harm."
Can speech be the basis for an anti-stalking order?
How does an anti-stalking order compare to a civil protection order?
| Aspect | Anti-Stalking Order | Civil Protection Order |
|---|---|---|
| Relationship required | No relationship necessary | Limited to parties in a "domestic relationship" (intimate partners or family/household members) |
| Offending behavior | Based on a "course of conduct directed at a specific individual" | Based on an "intra-family offense": harassment, assault, threats, destruction of property |
| Definition | Following by stealth, monitoring, harassment, or placing under surveillance | N/A |
| Jurisdiction | Petitioner must prove at least one constituent element of the offense occurred in D.C., with at least one instance within the past 90 days | Petitioner must live, work or attend school in D.C., or at least one underlying offense must have occurred or had effect in the District |
What Jamison Koehler has achieved in these cases.
- ASO petition arising from a noise dispute between next-door neighbors dismissed by D.C. Superior Court for failure to state an actionable claim, August 2026
- Stalking case dismissed mid-trial for lack of evidence, D.C. Superior Court, September 2026
| Case | Citation | Point |
|---|---|---|
| Rokhvand v. Herzfeld | D.C. Court of Appeals, 2026 | Hostile or offensive political speech does not become a true threat merely because it causes fear or distress. |
