Protection orders · D.C. Superior Court

Anti-Stalking Orders (ASO) in Washington, D.C.

An anti-stalking order (ASO) in Washington, D.C. is a D.C. Superior Court order directing a person to refrain from following, monitoring, placing under surveillance, threatening, interfering with or otherwise harassing another person; it lasts up to two years, can be renewed in one-year increments, and is enforceable by criminal sanctions. Jamison Koehler represents petitioners seeking an ASO and respondents defending against one. To discuss an ASO petition or hearing, call today.
CourtD.C. Superior Court
Stalking statuteD.C. Code § 22-3133
Relationship requiredNone
Course of conductTwo or more occasions, each 24-hour period counted separately; at least one within 90 days of the petition
DurationUp to two years, renewable in one-year increments
EnforcementCriminal 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?

Only narrowly. Content-based speech restrictions under the stalking statute apply only to categories that are not protected by the First Amendment: threats, obscenity, defamation, fraud, incitement and speech integral to criminal conduct. Constitutionally protected speech remains protected.

How does an anti-stalking order compare to a civil protection order?

The central difference is the relationship between the parties. A civil protection order is limited to parties in a domestic relationship and is based on an intra-family offense; an anti-stalking order requires no relationship and is based on a course of conduct directed at a specific individual.
AspectAnti-Stalking OrderCivil Protection Order
Relationship requiredNo relationship necessaryLimited to parties in a "domestic relationship" (intimate partners or family/household members)
Offending behaviorBased on a "course of conduct directed at a specific individual"Based on an "intra-family offense": harassment, assault, threats, destruction of property
DefinitionFollowing by stealth, monitoring, harassment, or placing under surveillanceN/A
JurisdictionPetitioner must prove at least one constituent element of the offense occurred in D.C., with at least one instance within the past 90 daysPetitioner must live, work or attend school in D.C., or at least one underlying offense must have occurred or had effect in the District
Results

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
CaseCitationPoint
Rokhvand v. HerzfeldD.C. Court of Appeals, 2026Hostile or offensive political speech does not become a true threat merely because it causes fear or distress.
Every case is different; prior results do not guarantee a similar outcome.
What clients say

In their words.

Attorney Koehler is the kind of lawyer I believed there could be. He is a true practitioner of the law, the way it should be done. He is a good person with clear ethics and character, and brilliant and kind. I would trust him with my life and serious circumstances. I did, in fact. It was the right decision. He won. We prevailed. He is someone I would recommend to my dearest loved ones. Attorney Koehler is a special lawyer in a class all his own.
J.P., Respondent, Anti-Stalking Order
Mr. Koehler represented me as the petitioner in a DC CPO case, a horrific affair, 9 months of stalking, harassment, threats of violence and extortion. If I could give 10 stars I would. Mr. Koehler is that unique combination of highly knowledgeable and competent, while being incredibly personable. He handled the horrendous twists and turns of my case with such humanity, care and genuine concern for me (and the law), all the while navigating the DC legal system and the process for me with the utmost professionalism. After winning my case yesterday, I had the best night's sleep I've had in months. I slept so peacefully and soundly -- like I haven't in a very long time. And, I feel safe and secure, and intensely happy that I don't have to face the prospect of another day wondering what awful thing the stalker might do to attempt some form of contact/show his "affection"....It's been the most horrendous nightmare. My family, friends and loved ones -- and most importantly I can't thank Mr. Koehler enough for restoring to me a feeling of safety and freedom. I owe him an immense debt of gratitude. Thank you from the bottom of my heart, one Hoya to another.
K.J.S., Petitioner, Civil Protection Order
The testimonials are examples of what clients have posted about Jamison Koehler on legal referral sites. The outcome of a criminal case depends on factors unique to that case. By posting these testimonials, Koehler Law does not imply that it can achieve the same result in every case.
Did you know

What people get wrong about Anti-Stalking Orders in Washington, D.C.

People think

Every ASO case ends in a trial.

Actually

Many are resolved by agreement, and some are dismissed before or during trial for failure to state a claim or lack of evidence.

People think

A dispute with a neighbor can be handled as a stalking case.

Actually

An interpersonal conflict is not necessarily a stalking case. A neighbor noise dispute was dismissed in 2026 because the conduct did not meet the statutory elements.

People think

An anti-stalking order is permanent.

Actually

An ASO lasts up to two years and can be renewed in one-year increments.

People think

What matters is what the respondent meant.

Actually

The test is objective: what a reasonable person in the respondent’s position should have known the conduct would cause.

People think

You need some relationship with the other person to get an ASO.

Actually

No relationship is required. That is the central difference between an anti-stalking order and a civil protection order.

    Questions people ask

    Frequently asked questions.

    If you have been served with an anti-stalking petition, or need one, the first question is whether the allegations actually meet the statute, and that question is best answered before a temporary order takes hold. Call Jamison Koehler today.