Protective orders are also called "restraining orders." They are a piece of paper that require a named individual (typically, those charged with domestic violence or stalking) to stay a specified distance away from a named victim, for a certain amount of time. They are legal documents issued by a court to protect the health and safety of a person who is alleged to be a victim of any act involving violence, force or threat that results in bodily injury or places that person in fear of death, sexual assault or bodily injury.
Types of Protective Orders in D.C.
There are two (2) types of civil protection orders in Washington, D.C. This article will address domestic violence protective orders. 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 categories below.
A temporary protection order (TPO) can be issued the day that you file your petition without the abuser being present in court - (this is what is meant by an ex parte order). The judge can give you this temporary order if he or she believes that the safety or welfare of you or your household member is in immediate danger from the abuser. The order can last up to 14 days.
Once you return to court, the judge can extend the temporary protection order for additional 14 day periods until the final court hearing or trial is completed.
Persons Entitled to Protective Orders in D.C.
Any person who is involved in one of the following relationships with another party may be entitled to a protective order upon proof:
The following table highlights the main provisions of D.C.'s protective orders laws, with links to additional articles and resources.
|Code Section||Code Section 16-1001, et seq.|
|Activity Addressed by Order||Enjoin contact; order counseling; exclude from dwelling and possession of other personal property; regarding minor children: temporary custody, visitations award court costs and attorney fees to petitioner|
|Duration of Order||Temporary protective order: maximum 14 days. General protective order: maximum one (1) year unless extended|
|Penalty for Violation of Order||Misdemeanor: fine, maximum $1,000 and/or imprisonment: maximum 180 days|
|Who May Apply for Order||Any person or agency|
|Can Fees Be Waived?||No fee to file|
|Order Transmission to Law Enforcement||Metropolitan police department|
|Civil Liability for Violation of Order||Contempt of Court|
Note: State laws are constantly changing -- contact a D.C.domestic violence attorney or conduct your own legal research to verify the state law(s) you are researching.
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D.C. Protective Orders Laws: Related Resources
Contact a qualified attorney.