WASHINGTON, D.C. : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
ELIGIBILITY
BENEFITS
COSTS
VIOLATIONS
DC law defines "domestic abuse" as criminal conduct involving:
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Temporary Protection Order: Temporary protection orders are issued if requested while filing for a final protection order. They can last up to 14 days, but may be extended by the judge.
The advantage of a temporary protective order is that you can get one without your abuser present. You can apply for a temporary protective order by going to the superior court. You might be required to see a judge and explain why a protective order is necessary.
If it is determined that a clear and present danger exists for yourself or your family, a temporary protective order will be issued. If the judge denies your request for an emergency protective order, you may still ask the judge to consider your petition through a full hearing. This means your abuser will be served with a copy of your request and will have an opportunity to respond.
Final Protection Order: An FPO can be issued only after a full court hearing where you and your abuser both tell your sides of the story to a judge. Unless requested for a later time, you will have a full court hearing within fourteen days after you file your petition for a FPO. You must attend that hearing. If you do not go to the hearing, your temporary order may expire and you will have to start the process over. If your abuser does not show up to that hearing, the judge may grant an ex parte protection order or s/he may set a new hearing date. If you have a temporary protective order, make sure the judge extends it so that it is effective until the new hearing date.
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You are eligible to file for a protective order if you have been the victim of "domestic violence", as defined by DC law, and your abuser is one of the following:
You must live in DC or at least one incident must have occurred in DC to seek protection from the DC court.
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It is dangerous to stay in an abusive relationship. Over time, the abuse often becomes more frequent and more severe. Leaving an abusive relationship, however, is also dangerous. Although a protective order does provide legal means to protect yourself from an abuser, it does not provide you with physical protection.
In a Protection Order, the court can order your abuser:
The court may also:
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There is no fee for filing a protective order in DC. If you have financial problems and can't afford your own representation, you may qualify for assistance from a Legal Services Clinic. If you choose, you can represent yourself pro se (without a lawyer) throughout the process of seeking a protection order. Although you do not need legal counsel to file for a protection order, it may be to your advantage to seek representation, especially if your abuser has obtained a lawyer, and/or when child custody issues are at stake.
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Call the police immediately if you believe your protective order has been violated. It is civil contempt of court if the abuser violates the order in ways such as failing to pay support, and criminal contempt for violations such as harassment, stalking, threatening or any further attempts of violence. Any failure to observe all provisions of the order constitutes a violation on the part of your abuser. In such an instance, call the police immediately; tell them that you have an order and that your abuser is in violation of it. It is very important that you keep a copy of the order with you at all times.
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