What is a civil protection order in dc

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What is a Civil Protection Order in DC?

What is a civil protection order (CPO). A CPO in the District of Columbia is a court order that requires you to stay away from another individual for one year. It is also referred to as a restraining order, protective order, protective restraining order, and temporary protective order (TPO). At Rollins and Chan Law Firm, we have handled hundreds of CPO cases in the District of Columbia and we aggressively defend or pursue civil protection orders for respondents and petitioners. Below is the process. There are specific rules that must be followed in CPO.

What is a CPO lawyer?

A CPO lawyer is a lawyer that represents Respondents or Petitioners at Civil Protection Order Hearings. Washington DC Civil Protection Order (CPO) lawyer should have experience trying and resolving CPO cases.

What is an Attorney Negotiator in DC Superior Court?

The Attorney Negotiator is the mediator that tells the Petitioner and the Respondent the different options they may have in Court. They try to resolve the case and sometimes take offers back and forth between the parties. It allows the parties to communicate without direct communication with each other.

What is a Stay Away Order?

A Stay Away Order is an Order from the Judge requring the Respondent or Defendant to Stay away from a person or place.

What is Criminal Contempt?

Criminal Contempt in the context of a Civil Protection Order usually means that the Respondent or Defendant has violated the Court’s Order. Criminal Contempt in DC carries a maximum penalty of 180 days and/or a $1000.00 fine.

I was Just Served with a Temporary Protective Order, What is that?

The Temporary Protection Order (TPO) is an order issued by a Judge after the Petitioner makes an allegation of domestic violence. It is temporary and usually can only last up to 14 days. It is temporary because you have not had an opportunity to respond.

What kind of allegations are made in a CPO?

The petitioner or the person that files the restraining order must allege that you committed a intrafamily offense. In other words that you committed a criminal act such as:

Assault
Threats
Hassment
Stalking
Unlawful Entry

Do I have to be related or know the Person that has filed the Petition?

The Petitioner must state that the person who committed the act is related by blood, adoption, legal custody, marriage, or domestic partnership, or with whom the offender has a child in common. The person does not have to be related if the criminal offense alleged is stalking.

What if the Person who is seeking the CPO is lying?

The person has to prove that you committed a criminal act to the Judge. The Judge usually wants to see some corroborating evidence from the Petitioner. This is why its important to have your evidence lined up before the hearing.

What are the Consequences of a CPO?

Consequences of a CPO in the District of Columbia. Although a CPO is public in nature, it may have severe collateral consequences. For example, if the respondent is on probation or parole, allegations contained in the petition, if proven in an evidentiary hearing have criminal elements to it, it may impact the respondent’s probation/parole status. Also, such an order is relevant in any future custody case. In the District of Columbia, there is a presumption of joint custody. There is a presumption that both parents are fit and capable of assuming custody of any minor children. However, if there is a CPO entered against one party, the presumption is rebutted. That means the respondent will never stand equal footing with the Petitioner relating to the custody of the children. If you consent to a CPO, this presumption is not rebutted. The respondent maintains his ability to seek joint and legal custody of the children.

Other Consequences of a Civil Protection Order in the District of Columbia. Although a civil protection order is civil in nature, it may have criminal consequences. For example, if the respondent is on probation or parole, allegations contained in the petition if proven in an evidentiary hearing have criminal elements to it, it may impact the respondent’s probation / parole status. In addition, such an order is relevant in any future custody case. In the District of Columbia, there is a presumption of joint custody. It is presumed that both parents are fit and capable of assuming custody of any minor children. However, if there is a Civil Protection Order entered against one party, the presumption is rebutted. That means the respondent will never stand equal footing with the Petitioner relating to the custody of the children. If the Civil Protection Order was consented to, this presumption is not rebutted. The respondent maintains his ability to seek joint and legal custody of the children. The consequences of a CPO against you can have implications such as the ability to own a firearm. It can have implications for professional licenses and job implications.

What can I Judge Order If a CPO is Granted?

One of the reasons it is so important for Respondents or Petitioners to hire a CPO lawyer is because the Judge can make decisions regarding:

Temporary Child Support
Temporary Child Custody
Alimony or temporary spousal support
temporary possession of the marital property
who will live in the property
award legal fees
order mental health or anger management counseling treatment
Order Domestic Violence Intervention Program
Other things

How do you Resolve a Civil Protection Order?

One of the benefits of a hiring a lawyer is because lawyers can be creative in resolving these types of cases. A civil protection order or final order is issued by a judge after one of the following happens:

there is a court hearing where you and your accuser appear and present evidence to the judge. (The standard of proof is preponderance of the evidence)
You consent with admissions
You consent without admissions
You reach a civil agreement to dismiss the case.

Do I Need to Hire An Attorney?

This is a civil case so there is no right to an attorney because your liberty is not in jeopardy. You should hire an attorney because of the collateral consequences. If you hire an attorney there a ways of resolving the case that may dismiss it. Do you have the ability to draft a civil agreement? One of the alternatives we seek is a civil agreement between the parties. Putting the right language in the civil agreement is something an experienced civil protection lawyer can do.
Do you have the ability to try a case? Have you ever tried a case? Most people have seen law and order – this is not law order. Advocating for oneself in a courtroom is not as easy as it sounds. Most people that come to us are professionals in their respective field and we ask the same question back to them – Does someone need to hire you or can they do it themselves? The other reason you probably should hire a lawyer for a civil protection order is because the personal nature of the hearing.This is not small claims where you seeking to get some money. This is a hearing where someone (Petitioner) is trying to get the Court to order a stay away and possibly a set of conditions. Furthermore, the Court could order you to perform a multitude task during the year.

KNOW THE RULES OF THE COURT

Going in there without requisite knowledge of hearings can be very dangerous. At the very least you should review the rules of the Court for CPO hearings.

The District of Columbia Superior Court domestic violence rules spell out what the court can and can not do during the hearing. You should be familiar these rules if you decide to represent yourself.

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