A protective order is an order from a court preventing one person from having contact with another. In Washington, DC, the Superior Court is authorized to issue a special kind of protective order called an Anti-Stalking order. This article gives some basic facts about anti-stalking orders you will want to know if you are seeking or resisting such an order.
The DC Code defines stalking as any conduct that would constitute the criminal offense of stalking under section 22-3133. That code section defines several types of conduct that can be stalking, but they all revolve around engaging in a pattern of behavior that causes another to suffer emotional distress or fear for their safety. A “pattern of behavior” means at least two occasions. The criminal stalking law cannot apply to conduct protected by the First Amendment, but an extended discussion of that issue is beyond the scope of this post.
Importantly, an action for an anti-stalking protective order is not the same as a criminal stalking case. A private party brings the action rather than the government and the standard of proof is preponderance of the evidence rather than beyond a reasonable doubt. If an anti-stalking order is issued against you, it does not mean that you have a criminal record.
To obtain an anti-stalking order, the petitioner must submit an application with the court supported by an affidavit setting forth the reasons why an order is justified. The petitioner must serve the anti-stalking order on the respondent. The court will set a hearing on the protective order which, in recent times, the court has begun holding virtually. At the hearing, the petitioner must put on evidence to persuade the court that it is more likely than not that the respondent engaged in stalking with at least one of the stalking incidents occurring within the last 90 days. The respondent will also be allowed to put on evidence that the petitioner’s allegations are false. The court will then decide whether or not to enter an order.
The DC Code gives the court much discretion about what to include in an anti-stalking protective order. The orders of course require the respondent to have no contact with the petitioner but can also include provisions about joint property, pets, firearms, and other subjects. An anti-stalking order entered in Superior Court can be challenged in the DC Court of Appeals.
If a person violates an anti-stalking order, the petitioner can file a motion with the court to have the person held in criminal contempt. The sanctions for criminal contempt include fines, jail and an criminal record.
If you have further questions about Anti-Stalking orders in DC Superior Court please contact one of our attorneys for a phone consult.