Civil Protection Orders (CPO) in D.C.

Violating a CPO is a criminal offense in D.C., punishable by up to 180 days in jail and a fine of up to $1,000. Criminal contempt carries the same maximum penalty. The government must prove that a CPO was issued, that the defendant knew about it, and that the defendant knowingly violated its terms. A single phone call or text message in violation of a no-contact provision can be enough.

A CPO requires a domestic relationship between the parties and is based on an intra-family offense such as harassment, assault, threats or destruction of property. An anti-stalking order typically requires no relationship and is based on a course of conduct directed at a specific person, such as following, monitoring, surveillance or harassment.

Both. Koehler Law represents petitioners seeking civil protection orders and anti-stalking orders, and respondents defending against them, in D.C. Superior Court.

Yes, by a motion to quash filed before the hearing. A petition must establish that D.C. Superior Court has jurisdiction, make a prima facie showing that the respondent committed a criminal offense, and allege an intra- family offense (against an intimate partner, family member or household member). If the petition fails one of those requirements, the court can annul it and cancel the hearing.

Often the parties agree that the CPO or ASO case will trail the criminal case, because the civil case otherwise moves much faster. But trailing is not automatically in the respondent’s interest. Under D.C. Code § 16-1002, the respondent’s testimony in the civil proceeding is inadmissible at the criminal trial except in a prosecution for perjury, so the respondent can testify without that risk. Trying the civil case first also gives the respondent a first cross-examination of the petitioner under oath, transcribed, which can be used to impeach later testimony.

Yes. An out-of-court agreement removes the risk of losing at trial and of an adverse finding of fact, reduces legal costs, allows terms more flexible than the court’s standard order, and resolves the matter immediately rather than after months of waiting. Only two D.C. Superior Court judges handle the CPO and ASO calendar, so trial dates can be months out.

The petitioner must file a motion to extend before the existing order expires. The petitioner does not have to prove a violation, but must show good cause, meaning a cognizable danger that the respondent will commit or threaten a criminal offense in the coming year, by a preponderance of the evidence. The court weighs the benefit of continued protection against the restriction on the respondent’s liberty (Ramirez v. Salvattera, 232 A.3d 169 (D.C. 2020)).

It depends. A consent order still carries the social stigma of a protective order, travel and security-clearance consequences, and criminal exposure if you are ever accused of violating it. It can make sense when an adverse finding of fact after trial would hurt you more, for example in child custody proceedings, in a security-clearance review, or in related civil litigation. That decision should be made with a lawyer before the morning of the hearing, not at the courthouse.

The court can issue a temporary protection order (TPO) if it finds the petitioner’s safety or welfare is immediately endangered. Issued after a hearing in which only the petitioner is present, the TPO is valid for a short period until the CPO hearing can be held. A person who violates a TPO can be charged with criminal contempt.

A CPO requires a domestic relationship between the parties and is typically based on an intra-family offense such as harassment, assault, threats or destruction of property. An anti-stalking order requires no relationship and is based on a course of conduct directed at a specific person, such as following, monitoring, surveillance or harassment.

Under the law that took effect in April 2021, a CPO can last up to two years and can be renewed on a finding of good cause. Extensions are typically granted in one-year increments.

A CPO is available where the parties are in a domestic relationship: they live together, are related, are or were in a romantic or sexual relationship, or have a child in common. D.C. Superior Court must also have jurisdiction, which requires that the petitioner lives, works or attends school in the District, or that the underlying offense occurred in D.C.

A civil protection order (CPO) is an order of D.C. Superior Court directing a person (the respondent) to refrain from certain conduct toward another person (the petitioner). Such conduct can be harassment, assault, threats, or other behavior the law classifies as interpersonal violence. The order is issued on a finding of good cause in the context of a domestic relationship.