News & Insights

Experiencing domestic violence or stalking can be a terrifying and isolating experience. In Washington DC, the law offers a powerful tool for protection: the Civil Protection Order (CPO), often referred to as a restraining order. This blog post will provide a comprehensive guide to understanding the process of filing for a CPO in DC, empowering individuals to seek legal protection from harm.

Understanding the Purpose of a CPO

A CPO is a court order issued to protect an individual from harm or harassment by another person. It is a legal mechanism to prevent further abuse, stalking, or threatening behavior. In DC, the process is governed by DC Code § 16-1003.

Who Can File for a DC Protective Order?

Any individual who has experienced domestic violence or stalking can file for a CPO. This includes:

• Family or Household Members: This includes individuals who are related by blood, marriage, or cohabitation; have a child in common; or have previously lived together.
• Individuals in Dating Relationships: Even if they are not legally married or living together, individuals in dating relationships can seek protection under the DVPA.
• Individuals Who Have Been Stalked: Stalking, as defined by DC law, involves a pattern of repeated and unwanted actions that create fear or intimidation.

The Process of Filing for a CPO

1. Gather Evidence:

• Document all incidents of abuse or harassment, including dates, times, locations, and details of the specific behaviors. This may include:
  • Photographs or videos
  • Text messages, emails, or social media posts
  • Police reports
  • Medical records documenting injuries
  • Witness statements

2. File a Petition:

• Download the necessary forms from the DC Courts website.
• Complete the Petition for Protection Order, providing detailed information about the incidents of abuse or stalking, and the nature of the relationship.

3. Serve the Respondent:

• After filing the petition, you must arrange for the respondent (the person against whom the order is sought) to be served with a copy of the petition and a summons to appear in court.
• An official process server or law enforcement officer must typically complete this service.

4. Attend a Hearing:

• The court will schedule a hearing to determine whether a CPO should be issued.
• You will have an opportunity to present your evidence and testimony.
• The respondent will also have an opportunity to present their side of the story and challenge the allegations.

Types of Protective Orders in DC

The DC courts can issue two types of protection orders:

• Temporary Protection Order (TPO): A TPO is issued in emergency situations and is effective for a short period, typically 14 days. It can be issued without a hearing if the court finds sufficient evidence of immediate harm.
• Final Protection Order: A final protection order is issued after a hearing and can last for a longer period, typically up to two years. It is granted if the court finds that there is a credible threat of future harm to the petitioner.

What a CPO Can Do

A CPO can impose numerous restrictions on the respondent, including:

• Prohibiting Contact: The respondent may be prohibited from contacting the petitioner in any way, including through phone calls, text messages, emails, social media, or in person.
• Restricting Access to Locations: The respondent may be prohibited from approaching the petitioner’s home, work, or other designated locations.
• Possession of Firearms: A CPO may prohibit the respondent from possessing firearms or other weapons.
• Custody and Visitation: A CPO may include provisions regarding child custody and visitation, particularly if there are children involved.

Contact Monument Legal: Expert Guidance for Protective Orders

Facing domestic violence or stalking is a difficult experience. Navigating the legal process of seeking a CPO can seem daunting. Monument Legal’s team of experienced DC criminal defense attorneys is dedicated to providing compassionate and effective legal representation to protect individuals from harm. We will:

• Understand Your Needs: We will listen carefully to your story, gather all relevant information, and tailor our legal strategy to meet your specific needs.
• Guide You Through the Process: We will guide you through every step of the CPO process, from filing the petition to attending hearings.
• Advocate for Your Safety: We will aggressively advocate for your protection, seeking the strongest possible legal protections.
• Ensure Your Rights Are Protected: We will stand up for your rights and ensure that you are treated fairly throughout the legal process.

If you are experiencing domestic violence or stalking in Washington DC, contact Monument Legal for a free consultation. Our experienced attorneys are available 24/7 to answer your questions, provide expert legal advice, and advocate for your best interests.