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 …
A Koehler Law client was recently reimbursed for his attorney fees after prevailing as the respondent in a civil protection order (CPO) case in Washington, D.C. The court awarded fees after concluding that the petitioner had brought the case in bad faith, fabricated evidence, and committed perjury at trial. The “American Rule” for Attorney Fees Under the so-called “American Rule,” …
The D.C. Court of Appeals recently clarified what constitutes a “true threat” for purposes of the District’s stalking statute. In Rokhvand v. Herzfeld, 2026 D.C. App. LEXIS 302 (D.C. Aug. 27, 2026), the court held that hostile or offensive political speech does not become a true threat merely because it causes fear or distress. What constitutes a criminal threat in D.C.? …
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.? …
People seek anti-stalking orders (ASOs) in Washington, D.C. for many different reasons. Some petitions involve conduct that legitimately falls within the protections provided by the ASO statute. Others arise from interpersonal disputes that, while frustrating or upsetting, do not satisfy the statutory requirements for stalking. For example, a person may seek an anti-stalking order because of problems with a neighbor, …
Presiding over civil protection order (CPO) and anti-stalking order (ASO) cases is one of the most demanding assignments for D.C. Superior Court judges. Each morning, parties begin logging on at 8:30 a.m. The calendar typically includes 20 to 40 cases. Two judges—currently Judge McCabe in Courtroom 113 and Judge Truong in Courtroom 114—must move through that crowded docket while dealing …
Domestic violence charges in criminal court are frequently accompanied by a petition for a civil protection order (CPO) or anti-stalking order (ASO). This is because one incident can lead to two separate cases – one criminal and the other civil. The target of misconduct allegations can be simultaneously the defendant in a criminal case and the respondent in a civil …
If you are the Respondent in a civil protection order case, everyone else involved in the proceedings will want you to agree to a “consent CPO without admissions.” With 30 to 40 cases on the docket each day, the court wants to avoid a trial. The petitioner will be awarded the protection order risk-free. And it will be attorney-negotiator’s job …
In order to extend a civil protection order (CPO) in Washington, D.C., the petitioner must show “good cause” that the protective order is still needed.
In Mashaud v. Boone, the D.C. Court of Appeals limited the scope of unprotected speech under District’s stalking statute to threats, obscenity, defamation, fraud, incitement, and speech integral to criminal conduct.
The court’s ability to hear a CPO matter in Washington, D.C. requires proof of an “intra-family offense” with sufficient connection to the District.
Trying a case — in this case, a CPO hearing — against an unrepresented party is always an experience.
D.C.’s new law on civil protection orders (CPOs) redefines the category of people eligible for protection. It also extends coverage to animals, minors and victims of sex trafficking.
Parties who prevail in a CPO hearing can file a motion asking the court to assess legal fees against the other party. Respondents must prove “bad faith.”
Civil protection order (CPO) hearings begin again in D.C. Superior Court. Trials in misdemeanor domestic violence (DV) cases in which the defendant is in custody will resume in December.
Yes. You have the right to represent yourself in a legal matter. In fact, although virtually all defendants in a criminal case will be represented by a lawyer, parties at most restraining order hearings are acting pro se; that is, they are representing themselves.
Although it is often helpful to have physical evidence to corroborate your version of events, the only thing you absolutely need to bring to a restraining order hearing in D.C. is yourself.
With D.C. Superior Court now closed because of the Covid-19 pandemic, Civil Protection Orders (CPOs), Temporary Protection Orders (TPOs) and other forms of restraining orders must be obtained remotely.
You have to love the “no-lose” questions on cross-examination. Yes or no. You win no matter how the witness responds.
The court may not have “jurisdiction” (i.e., power) to issue the order. Or the court may decide, after holding a hearing, that there is not “good cause” to believe a crime was committed.
Although the usual practice is for the CPO hearing to “trail” the criminal case, the defendant/respondent might want the CPO hearing to go first.
If you have been served with a civil protection order (CPO) petition in D.C. and you yourself are the victim of abuse, you can file for a CPO of your own.
Although many people proceed without legal representation, a good lawyer can serve as your advisor and advocate, particularly if you decide to litigate the CPO.
The judge informs me that I am “badgering” the witness. I have heard of “arguing with a witness” and “harassing a witness.” Until the judge accuses me of “badgering” the witness, however, I didn’t even know there was such a thing – other than on TV, of course. The witness is the petitioner in a civil protection order case. I …