Conozca la Ley: District of Columbia
ACTUALIZADA 10 de julio, 2008
A Civil Protection Order is a civil order that protects you from abuse by a family member, former or current dating partner or someone you share a child with.
- Secuestro de Menores
- Can I get a civil protection order?
- What are the steps for getting a Civil Protection Order?
- After the hearing
Secuestro de Menores
arribaWhat is the legal definition of domestic violence in the District of Columbia?
This section defines domestic violence for the purposes of getting a civil protection order.
Domestic violence is defined as a crime committed against a person with whom:
- you are related by blood, adoption, or marriage
- you have a child in common
- you share or have shared the same home
- you have or previously had a dating relationship (does not need to be a sexual relationship).
Such crimes include physical abuse, threats to injure and stalking.You must live in DC or at least one incident must have occurred in DC to seek protection from the DC Court. To read the law, go to DC Legal Statutes.
arribaWhat is a Civil Protection Order? What types are there?
A protection order is a court order that is designed to stop violent and harassing behavior and to protect you from the abuser.
There are two types of orders:
Temporary Protection Orders. When you go to the court to file for a final protection order, you can also ask for a temporary protection order (TPO). You must ask for the TPO on the same day you file for your Civil Protection Order. The TPO lasts for up to 14 days, but can be extended by the judge.
Civil Protection Orders. A final protection order can only be issued by a judge:
- after a court hearing where you and the abuser both tell your sides of the story to a judge,
- after a hearing where your abused fails to appear after being served with the papers, or
- by agreement between you and your abuser.
Orders may also be extended (See How do I change or extend my Civil Protection Order?).
arribaHow much does a Civil Protection order cost me?
A Civil Protection order can be obtained for free.
Although you do not need a lawyer to file for a Civil Protection Order, it may be to your advantage to seek legal counsel. This ise especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.
If you cannot afford a lawyer but want one to help you with your case, tell the intake counselor at the Intake Center. The Office of the Attorney General for the District of Columbia represents some people who file for Civil Protection Orders. If the Office of the Attorney General cannot take your case, they will try to get you an attorney.
In addition, the domestic violence agencies in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. You will find information on legal assistance and domestic violence organizations on the DC State and Local Programs page. You will find contact information for courthouses on the DC Courthouse Locations page.
arribaWhat should I do when I leave the courthouse?
Ongoing safety planning is important after receiving the order. Women can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school.
Many batterers obey protective orders, but some do not. It is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Staying Safe. Advocates at local resource centers can assist you in designing a safety plan and can provide other forms of support. To find resources in DC please see our DC State and Local Programs page.