If someone filed a Civil Protection Order/CPO against you, it is important that you contact a lawyer who can protect you.

What is a CPO?

A Civil Protection Order/CPO is a court order by a judge that prohibits a person from performing or threatening to perform a crime.  This includes abusing, harassing, stalking, and more.  Sometimes it can prohibit a person from contacting another person completely.  CPOs are often called stay-away orders or restraining orders.  The person requesting the order is the Petitioner. Also, the person the Petitioner is filing against is the Respondent.

What is the difference between a CPO and a Restraining Order?

People often confuse CPOs with Restraining Orders.  To ask the court for a CPO, the Petitioner and Respondent must be in an intrafamily relationship.  In other words, the Petitioner and Respondent are spouses, domestic partners, in a dating relationship, or related by blood or adoption.  Also, they may have a child in common or lived together.  If there is no relationship the Petitioner should file a Restraining Order.

Who can request a CPO?

There are three requirements to be able to ask for a CPO.  Firstly, the Petitioner must have been physically hurt, sexually assaulted, threatened, stalked, harassed, or had property broken by the Respondent.  Secondly, the Petitioner and Respondent are spouses, domestic partners, in a dating relationship, blood or adopted relatives, have a child in common, or shared a common home. Thirdly, the Petitioner must either:

• reside, live, work, or attend school in the District of Columbia;
• be under the care of a District government agency; or
• one of the events must have happened in the District of Columbia.

What does a CPO do? 

A CPO does many things.  For instance, it can prohibit the Respondent from committing or threatening criminal acts against the Petitioner.  It can require the Respondent to stay away from the Petitioner and other people named in the order.  It can require the Respondent to get treatment for mental health issues, medical issues, or go to counseling.

Also, the order may prohibit the Respondent from entering the Petitioner’s home.  It may instruct the Respondent to leave the Petitioner’s home and give back any personal property of the Petitioner’s.

The CPO can award temporary custody of children and pets, provide visitation rights, and award costs and lawyer’s fees.  Lastly, it can require a Respondent to give up any firearms.

What is a temporary protection order?

A Temporary Protection Order/TPO is a court order that lasts 14 days and is given by a judge when the safety or welfare of the Petitioner or a household member is in immediate danger by the Respondent.  A TPO request is made at the same time the Petitioner files a written request for a CPO.  The court will usually schedule a date for an ex parte hearing, which means the hearing will not include the Respondent.  If the judge grants the TPO, the Petitioner must serve the TPO on the Respondent.  In other words, someone other than the Petitioner who is over 18 must hand several documents to the Respondent.  These documents include the TPO, a Notice of Hearing and Order to Appear, and the written request for the CPO.

What happens if you violate a CPO?

If the Respondent violates any part of the order, the Petitioner can both call the police and file a motion for criminal contempt.  If the Petitioner calls the police, the police may arrest the Respondent because it is a crime to violate a CPO.  The government can prosecute the Respondent for a misdemeanor and may be punished by both a $1,000 fine and 180 days in prison.

A motion for criminal contempt is a request to the court to file criminal charges against the Respondent for violating the order.  If convicted, the Respondent may have to both pay a $1,000 fine and spend 180 days in prison.

If you are accused of violating a CPO, you should contact a lawyer immediately because you could be facing criminal charges.  Your lawyer can help you build a strong case that you did not violate the order.

What to expect at a CPO hearing?

If the Petitioner does not show up on the court date then the judge dismisses the case.  But, if the Respondent does not show up, then the judge may grant a CPO against the Respondent if the Petitioner can show good cause.

Once both parties arrive at court, the parties meet with an Attorney Negotiator separately to see if they can reach an agreement.  If the parties agree to a CPO then no hearing happens.  If the parties do not agree, then a hearing happens in front of a judge.

At the CPO trial, the Petitioner needs to show there is good cause for the judge to grant a CPO.  Both the Petitioner and Respondent have the ability to present evidence.  Based on the evidence, the judge will either grant or deny the written request.

If you are protecting yourself against a CPO, it is smart to hire a lawyer who can help you present your case.

How long does a CPO last?

The order lasts for two years.  The Petitioner or Respondent can file a motion to extend, cancel, or change the order for good cause. 

What is the impact of a CPO on you?

A CPO filed against you means possession of a firearm is possibly illegal.  Also, a CPO may impact parole, probation, security clearance, right to care for your children, and employment.  Violating a CPO means you may face criminal charges.  In conclusion, it is important that you hire a CPO lawyer to defend you because of the impact.

CONTACT US

If you are filing a CPO against someone or someone has filed a CPO against you, Contact Us at MYDCLAW or call (202) 403- 2292 to speak with a qualified CPO lawyer and learn more about the options that may be available to you.