Washington D.C. Stalking Protection Order

A stalking protection order may be filed when the accused has engaged in one or more of the following behaviors:

• Following or approaching the victim physically in public or private spaces
• Waiting near or monitoring locations such as the victim’s home, school, or workplace
• Repeatedly contacting or sending messages via social media, text, or email
• Delivering or placing unwanted objects at the victim’s residence or vehicle
• Damaging or threatening to damage the victim's property

Under D.C. Code § 22–3133, stalking involves a "course of conduct" that causes fear or emotional distress. Victims must show that the behavior is intentional, repeated, and causes a reasonable fear of harm or intimidation.

Police and prosecutors may initiate the following protective actions in criminal contexts:

• Emergency Temporary Protection (ETPO): Requested by police for immediate danger; valid up to 14 days without the respondent’s presence.
• Interim Protection Order: Issued after a prosecutor’s motion when the stalker has been arrested.
• Stay-Away Conditions of Release: Imposed as a bail condition, prohibiting contact with the victim, residence, school, or workplace.

These are enforced under the D.C. Superior Court rules and D.C. Code § 16–1004

A victim may independently petition the D.C. Superior Court for a CPO. No criminal charge is required. Civil orders are broader in scope and include:

• Prohibiting all physical proximity (e.g., 100 yards from the victim)
• No contact via phone, email, text, or social media
• Stay-away orders for home, school, work, or child care sites

The duration of a CPO is up to one year and may be renewed. If violated, criminal contempt penalties apply.

Under D.C. Code § 16–1005(f), any violation of a criminal protection order is a misdemeanor punishable by:

• Up to 180 days in jail
• Up to $1,000 fine

If the violation includes a new offense (e.g., assault, breaking and entering), additional charges apply.

Civil Protection Order (CPO) violations are enforced through civil contempt. Judges may:

• Impose coercive fines or jail time
• Refer the matter for criminal contempt prosecution
• Extend or modify the protection order

Multiple violations often lead to stricter penalties and potential criminal proceedings.

• Request to Seal Records: Victims can petition to seal identifying information such as address or name under D.C. SCR-DV Rule 5.
• Pseudonyms and Alternate Contact: Courts may permit pseudonyms and designate a third-party mailing address.
• Remote Hearings and No Physical Appearance: Some hearings may be conducted virtually to protect the victim’s safety.

Local organizations, such as the D.C. Victim Hotline, assist in navigating anonymous filing options and connecting with legal representation.

• Keep a log of all stalking behaviors, including time, date, and place.
• Store messages, screenshots, and photos securely as evidence.
• Inform trusted friends or colleagues about the situation.
• Notify building security or HR at work if threats extend to the workplace.
• Install doorbell cameras or enhanced locks at home.

Victims should not delay action. If you feel unsafe:

• Call 911 or the D.C. Metropolitan Police immediately
• Contact the D.C. Superior Court Domestic Violence Intake Center for civil filing
• Reach out to local legal aid organizations for guidance through the court process

Timely legal intervention often prevents escalation and strengthens long-term protection.