Civil Protection Orders in DC (for domestic violence victims)
A civil protection order is a civil order that protects you from abuse by a current or former spouse, domestic partner, intimate/dating partner, relative (by blood or marriage/domestic partnership), housemate, someone with whom you have a child in common, or someone who is/was in a relationship with someone who you are/were in a relationship with. (Note: It also protects victims of stalking, sexual assault, or sexual abuse who do NOT have the type of relationship described above.)
What is the legal definition of domestic violence in the District of Columbia?
This section defines domestic violence for the purposes of getting a civil protection order.
In Washington, D.C., domestic violence is divided into three categories: intimate partner violence, intrafamily violence, and interpersonal violence, which are explained in detail below. “Domestic violence” is when one of the following people commits or threatens to commit any crime against you:*
- Someone you are or were married to, in a domestic partnership with, or in a romantic, dating, or sexual relationship with (“intimate partner violence”);
- Someone related to you by blood, adoption, legal custody, marriage, or domestic partnership (i.e., your brother or your father-in-law) (“intrafamily violence”);
- Someone you have a child in common with — this can be (“intrafamily violence”) and/or (“intimate partner violence”);
- Someone with whom you share(d) a home (i.e., a roommate) (“interpersonal violence”); or
- Someone who is/was in an intimate relationship with the same person that you are/were in an intimate relationship with (e.g., you are dating Jane and Jane’s ex-husband assaults you)(“interpersonal violence”).**
Note: If you are a victim of stalking, sexual assault, or sexual abuse, you can file for a civil protection order against the offender even if you do not fall into one of these above categories.***
* D.C. Code § 16-1003(a)
** D.C. Code § 16-1001(6)-(9)
*** D.C. Code § 16-1001(12)
What types of Civil Protection Orders are there and how long do they last?
There are two types of civil protection orders in Washington, D.C.
- Temporary (ex parte) Protection Orders
A temporary protection order can be issued the day that you file your petition without the abuser being present in court and without prior notice to the abuser – (this is what is meant by an ex parte order). The judge can give you this temporary order if the judge believes that the safety or welfare of you or your household member is in immediate danger from the abuser.*
The first temporary protection order that you get can last up to 14 days. Once you return to court, the judge can extend the temporary protection order for additional 14-day periods (or for a longer period if both parties consent) until the final court hearing or trial is completed.*
2. Civil Protection Orders
A final protection order can be issued by a judge after one of the following happens:
- there is a court hearing where you and the abuser appear and present evidence and testimony to the judge;
- there is a court hearing where only you appear — the abuser fails to appear even though you can prove s/he was properly served with notice of the court date; or
- in court, the abuser consents to the protection order being issued.
In option 1 or 2, above, the judge will only issue the final protection order if s/he has “good cause” to believe that the abuser committed or threatened to commit a criminal offense against you, your animal, or any animal in your household.** For option 3, this is not a requirement.
A final protection order lasts up to one year – the expiration date should be included on the order. However, the length of the order is subject to change if either party files a motion in court and proves that there is “good cause” to either extend it or vacate (cancel) it.***
* D.C. Code § 16-1004(b)
** D.C. Code § 16-1005(c)
*** D.C. Code § 16-1005(d)
Can a Civil Protection Order help me?
In a Civil Protection Order, a judge can order the abuser to:
- Stop committing or threatening to commit criminal offenses against you and any other protected person (named in the petition);
- Stay-away from you, any other protected person, and any other specific locations (“stay-away order”);
- Have no contact with you and any other protected person (“no-contact order”);
- Not enter the home or to leave the home where you are living (“vacate order”) if that home is:
- marital property of the parties;
- jointly owned, leased, or rented and occupied by you and the abuser (including if you used to live there but had to leave due to the abuse);
- owned, leased, or rented by you alone; or
- jointly owned, leased, or rented by you and another person (not the respondent);
- Participate in a psychiatric or medical treatment or counseling program(s) for domestic violence, parenting, alcohol, drugs, etc.;
- Pay your costs and attorney fees;
- Give up possession of any firearms;
- return personal property owned by you alone or by you and the abuser (including keys);*
- Give you financial assistance and/or spousal support to pay your rent/mortgage/bills or other expenses;
- Pay you child support;
- Not remove you and/or your children from his/her health insurance policy;
- Reimburse you for medical costs, property damage, or other expenses you have due to the abuser’s actions (you will have to bring medical bills, receipts, invoices, or estimates to the final hearing);**
The order can also:
- Grant you temporary custody of your children and arrange visitation in a way to protect your safety (Note: The abuser has to prove to the judge that visitation will not endanger the child or significantly harm the child’s emotional development);***
- Order police assistance to help enforce the terms of the order (such as getting your keys returned or escorting the abuser home to collect personal belongings);
- Give you custody or control of a domestic animal that belongs to you, to the respondent, or that lives in either household; and/or
- Order anything else that you can show you need in order to be free from the violence.*
Whether or not the judge grants any or all of these depends on the facts of your case.
* D.C. Code § 16-1005(c)
** See Petition and Affidavit for Civil Protection Order
*** D.C. Code § 16-1005(c-1)
How much does it cost to file and serve a Civil Protection Order and do I need a lawyer?
There is no fee to file for a Civil Protection Order.*
As long as you have a valid home or work address for the person against whom you are getting the order, the Metropolitan Police Department will attempt to serve the protection order petition (and motions) at no charge when the party being served lives or works in the District of Columbia. If the person lives in Maryland or Virginia, service may also be free as part of an agreement between Washington, D.C. and the sheriff departments in the surrounding areas of Maryland and Virginia.
Although you do not need a lawyer to file for a civil protection order, it may be to your advantage to seek legal counsel. This is especially important if the abuser has a lawyer. Even if the abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.
For help in filing an order, you can go to the Domestic Violence Intake Center, which is in the Superior Court or United Medical Center. The Office of the Attorney General for the District of Columbia represents some people who file for civil protection orders. If the Office of the Attorney General cannot take your case, there may be other attorneys available to take your case.
Who can get a Civil Protection Order?
You may be eligible for a Civil Protection Order if someone described in the list below commits or threatens to commit any crime against you:*
- Someone to whom you are or were married, with whom you are/were in a domestic partnership, or in a romantic, dating, or sexual relationship;
- Someone related to you by blood, adoption, legal custody, marriage, or domestic partnership (i.e., your brother or your father-in-law);
- Someone with whom you have a child in common;
- Someone with whom you share(d) a home (i.e., a roommate);
- Someone who is/ was in an intimate relationship with the same person that you are/were in an intimate relationship with (e.g., you are dating Jane and Jane’s ex-husband assaults you).*1
Note: You can also file against anyone who stalks, sexually assaults, or sexually abuses you even if the relationship between you and the offender does not fall into one of the above categories.*2
If you are unable to file a petition by yourself or, in the case of certain minors, if you are unable to file for one with the assistance of a parent, guardian, custodian, or other appropriate adult, the Attorney General may file the petition on your behalf. To get the Attorney General to do this, you, your representative, or a government agency must make this request to the Attorney General. If the Attorney General files on your behalf, the Attorney General actually represents the interests of the District of Columbia and not specifically your particular interests.*3 You are not even legally required to be at the court dates.*4
* D.C. Code § 16-1003(a)
*1 D.C. Code § 16-1001(6)-(9)
*2 D.C. Code § 16-1001(12)
*3 D.C. Code § 16-1003(c)
*4 D.C. Code § 16-1005(a-1)(1)
Can I file a Civil Protection Order against a minor?
It depends. If you are the custodial parent, guardian, or custodian of the minor against whom you are trying to file, you cannot file a petition for civil protection against the minor.* If you have any other qualifying relationship to the minor (e.g., the minor is your boyfriend or other relative), you can file a petition against the minor as long as the minor is 12 years of age or older.**
When filing against a minor, the minor’s custodial parent, guardian, or custodian, must be served with notice of the court hearing and an order to appear, a copy of the petition, and the temporary protection order, if the judge gives you one.***
* D.C. Code § 16-1003(a)(6)
** D.C. Code § 16-1001(13)
*** D.C. Code § 16-1004(d)
Can I get a Civil Protection Order against a same-sex partner?
In D.C., you may apply for a civil protection order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a civil protection order? You must also be the victim of an act of domestic violence.
I was stalked or sexually assaulted by a stranger/friend, can I file for a Civil Protection Order?
Yes. If you are a victim of stalking, sexual assault, or sexual abuse, you can file for a civil protection order against the offender regardless of your relationship to him/her. This means that you could file for a civil protection order if the person who stalked or sexually assaulted you is a stranger, co-worker, acquaintance, etc.* You may want to be prepared to explain to the clerk when you file that you are filing on the basis of stalking or sexual assault if you are filing against a stranger/friend to make sure that you aren’t turned away by the clerk.