A civil protection order (sometimes referred to as a civil protective order or “CPO”) is a legal order that prevents one person from harming, threatening, harassing, stalking, or even contacting another person. You can get a CPO against someone if you have a certain relationship with them, such as if you are spouses, ex-spouses, roommates, romantic or sexual partners, or if you have a child together or have had the same intimate partner.

A CPO can be a lifeline for victims of domestic violence. The vast majority of the time, people seeking a CPO have a legitimate need for protection. However, in some cases, someone will seek a protective order in order to try to gain an advantage in a family law case. Doing so harms not only the other party in the case, but all those legitimate victims whose credibility is damaged by the few making false claims. Whether you are wondering how to get a civil protection order, or how to defend against claims that you have hurt or threatened someone, an experienced civil protection attorney can help.

How Do I Get a Civil Protection Order?

If you have been abused, threatened, or had some other event happen that makes you feel you need a CPO, you should start the process promptly. You can get a civil protection order in Washington, D.C. as long as you live, work or go to school here, or if the abusive or threatening incident happened in the District. You can also get a CPO in Washington, D.C. if you are under the legal custody of a government agency located here.

To begin this process, go to a Domestic Violence Intake Center (DVIC) as soon as you are able; there are two located within the city. You have up to three years after an incident occurs to file for a CPO, but a court might reasonably question the urgency of the need for one if you delay too long in filing. If you think you could be in immediate danger, let the intake counselor know that you want to file for a temporary protection order (TPO) when you file for your CPO. A TPO, also known as an “ex parte order,” will give you temporary protection between the time you file for a CPO and the hearing on your petition two weeks later.

Completing and Filing a Petition for a Civil Protection Order in D.C.

The intake counselor at the DVIC will help you to complete the petition for a CPO. The petition is important: it gives the court a basis for giving you the protection you need. As a general rule, the petitioner and respondent have very different stories about what occurred between them. The more specific and detailed you can be about the incident that led you to seek the CPO, the better.

It should go without saying that you should be completely truthful. But it is better to be descriptive than general when you recite the facts. For instance, don’t say, “the respondent hurt me and threatened me” rather, if you can accurately say “on December 10, the respondent came to my home, pushed his way into my apartment, choked me with his hands, and threatened to come back soon and kill me,” that is far more descriptive and much more likely to result in the court considering your claims.

Understandably, the process of completing the petition can be both time-consuming and stressful. But being as thorough as you can in your petition will help make sure the court understands how important it is that you get protection right away.

When you are filing your petition, you can also ask for child support from the respondent if you share a child or children who currently live with you. However, you are not required to do this if you think asking for support might put you in greater danger. Make sure the intake counselor who is helping you with your petition understands that you do not want to file for child support in your petition.

After you have completed your petition, the intake counselor will direct you to the court clerk to file the petition. You must sign the petition under oath at the clerk’s office, swearing or affirming that the information contained in the petition is true. If you are asking for a TPO in your petition, you can go in front of the judge that same day to receive it. The judge will ask you what happened and why you need protection before considering the granting of a TPO. The TPO only lasts until the hearing on your petition.

Serving the Petition

The respondent has the right to be heard regarding your request for a CPO, since the order can limit their rights to their home, property and children. That means you need to serve the respondent with the petition, the Notice of Hearing and Order to Appear, and the TPO if you received one.

Serving the respondent means that the documents touch their hand or body, even if they immediately drop them and never read by them.

You cannot legally serve the respondent yourself. Many people have a police officer serve the papers, but anyone who is over 18 and is not named in the petition can do so. That includes friends and family members. If you decide to have someone other than a police officer serve the petition and other documents, you will need to get a “self-service packet” from the clerk’s office and you will need to bring the “return of service” form to court to prove that the respondent was served (and probably have that person available to testify as to serving the documents upon the respondent).

Attending the Hearing on Your Civil Protection Order Petition

On your court date, you have the chance to stand in front of the judge and tell what has happened to you. You want to do everything possible to impress on the judge why it’s important for you to have a CPO. Dress neatly, show up on time, and most importantly, clearly describe the events that led you to request the protective order. Reread your petition so that you will remember everything you want to say and prepare some simple notes if you need to. If you have small children, try to have someone watch them so you can focus on what you need to say.

Going to court can be intimidating, especially since the abuser or accuser will likely be there. Having an experienced attorney can help make the process easier. To learn more about the civil protection order process in Washington, D.C., contact Strickler, Platnick, and Hatfield to schedule a consultation.