According to the D.C. Coalition Against Domestic Violence, 40% of women and 25% in the nation’s capital have experienced intimate partner physical violence, sexual violence and/or stalking. By the numbers, domestic violence in D.C. is higher than the nationwide average. Although these statistics may be scary, help is available 24/7. One possible method for stopping abuse in D.C. is filing a Civil Protection Order (“CPO”) against an abuser. Colloquially known as a restraining order, a CPO is a court order that requires the respondent (the person the order is filed against) to stay away from, not contact, and not commit any offense against the petitioner (the person who filed the CPO). Filing a CPO may seem intimidating, but the process is fairly straightforward.
Before any paperwork can be initiated, the person contemplating either a TPO or a CPO must be eligible for this type of order. Eligibility works in this way: the prospective petitioner (i.e. the person filing the TPO or CPO) must be filing an order under one of the following circumstances: (1) they’ve suffered any crime by a family member or intimate partner, or the family member or intimate partner has attacked their pet, or (2) they’ve been the victim of sexual assault, labor trafficking, or commercial sex crime, or sex trafficking involving children, regardless of their relationship to the perpetrator. These crimes have particular definitions under D.C. law, so prospective petitioners need to make sure that their applicable threshold has been met.
To file for a CPO, visit the Domestic Violence Intake Center at DC Superior Court during business hours, and fill out a petition. A judge will typically hear your case the same day you file, and if they believe that there is a clear danger to the petitioner, they will issue a “Temporary Protective Order” (“TPO”), also referred to as an “ex parte” protective order, which can be issued without the other party present. The initial TPO can last up to 14 days, and then up to 14 more days if there is a renewal, or longer by consent of the other party. Otherwise, a civil protection order hearing will be held before the two-week TPO period expires (more below).
In emergency circumstances outside of business hours, an Emergency Temporary Protection Order can be issued, which lasts for 5 days. This process is initiated by a police officer and an advocate from Survivors and Advocates for Empowerment (“SAFE”).
The process for obtaining a CPO is a bit different from the that of obtaining a TPO. A judge will issue a CPO if one of these conditions applies: (1) after a hearing on the matter, the judge believes that the evidence supports the conclusion that a CPO is necessary to ensure the safety of the petitioner against the respondent, or (2) the respondent fails to appear in court on the day of the hearing and there is ample evidence that the respondent was properly served with notice.
As with a TPO, the petitioner will need to file paperwork in order to initiate the process of obtaining the CPO. The primary documents involved are the complaint and the notice to the respondent. Ordinarily, a CPO can last for a maximum of 2 years, but there is also the possibility of extension beyond this maximum if the judge believes that this is necessary under the circumstances.
All things considered, the processes involved in obtaining either a TPO or a CPO in Washington, D.C. are not too daunting, and no matter how intimidating the process, a CPO is an essential step in documenting abuse. If you believe that either of these orders are necessary, don’t hesitate to file the paperwork. In addition, you should also take whatever other steps you need to ensure that you stay safe and healthy as you navigate through any challenging situation in your life. Even with a TPO or CPO, there are other things you can and should do to maximize your safety. For more resources, contact the D.C. Coalition Against Domestic Violence, or the National Domestic Violence Hotline.
If you have questions or need compassionate counsel to represent you in filing a TPO or CPO in the District of Columbia, contact Z Family Law by calling 301-388-5528.