What You Need to Know about Anti-Stalking Protective Orders in DC

What is an anti-stalking order?

An anti-stalking order is a two-year court order that directs a person to refrain from committing or threatening to commit criminal offenses against the Petitioner. The order also directs the Respondent to stay away from or have no contact with the Petitioner and any other individuals or locations specified in the order. The “Petitioner” is the person who files a request for a protective order, and the “Respondent” is the person who is served with the protective order. The court may order additional conditions as it believes necessary to protect the Petitioner, such as relinquishing possession of jointly owned property. A Respondent who has a protective order is required to relinquish any firearms and may not own any firearms during the duration of the order.

Who is eligible to obtain an anti-stalking order?

A Petitioner who can show by a preponderance of the evidence, or more likely than not, that the Respondent committed an act of stalking within 90 days of the filing of the petition is eligible for an anti-stalking order. Unlike a protective order, there does not need to be a specific relationship between the parties – it is the act of stalking that makes the Petitioner a person eligible for an anti-stalking order.

What is the definition of “stalking”?

Stalking is engaging in a course of conduct directed at a specific person with the intent to cause that person to 1) fear for their safety or the safety of another person; 2) feel seriously alarmed, disturbed, or frightened; or 3) suffer emotional distress. Where a single act is of a continuing nature, each 24-hour period constitutes a separate occasion, regardless of whether the conduct is the same on each occasion.

What conditions could a court order if an anti-stalking order is issued against the Respondent?

In addition to ordering the Respondent to stay away from or have no contact with the Petitioner, the court can order the Respondent to pay costs and attorneys’ fees, surrender firearms, and stay away from animals belonging to the Petitioner. The court can order the Respondent to vacate a shared home and relinquish shared property. Courts have wide discretion in fashioning orders to protect a Petitioner, so there could be additional requirements that a court deems appropriate.

 How do I obtain an anti-stalking order?

The first step in getting an anti-stalking order is to file a Petition with the court. This can be done online through the court’s website or in person. If the Petitioner is requesting a temporary anti-stalking order, then they will appear before a judge the same day or the next business day to state under oath why they are requesting protection from the petitioner. If temporary order is not granted or the Petitioner is not requesting a temporary order, then a final protective order hearing will be held within 14 days.

What should I do if I am served with an anti-stalking order?

First, do not contact the Petitioner under any circumstances, or you could face criminal charges. Second, you should gather all evidence that tends to support your case, including texts, emails, videos, social media posts, and any other documents. While an anti-stalking order is a civil proceeding, there are often related criminal cases. If you are also charged criminally, it is very important that you consult with an experienced criminal defense attorney who also has experience with anti-stalking orders. You can decide to consent to the order if you do not want to have a contested hearing and risk a judicial finding being made against you that you committed an act of stalking.

What happens at the final hearing?

First, the parties will likely speak with a court mediator prior to appearing before the judge. If the case cannot be resolved with the mediator, then the Respondent can choose to consent to the order without a finding, or the Respondent can request a hearing. If there is a hearing, the Petitioner has the burden of showing by a preponderance of the evidence that the Respondent committed an act of stalking within 90 days prior to filing the petition. Both parties should be prepared to call any witnesses or introduce any evidence that supports their case.

Do I have to have a lawyer?

While a lawyer is not required since this is a civil proceeding, hiring a lawyer can be very helpful in understanding the process and consequences. A lawyer can negotiate with the opposing party and use their knowledge of the rules of evidence at the contested hearing. A lawyer can reduce stress by guiding their client through the entire process from filing a protective order to serving a protective order to defending against a protective order.  Anti-stalking orders can have serious consequences for a Respondent, especially if the Respondent shares a home or children with the Petitioner. In addition, anti-stalking orders can be a problem if the Respondent has a security clearance for their job.

Contact our office at 240-396-4373 to schedule a consultation today.