Anti-Stalking Orders vs. Civil Protective Orders in Washington, DC: What You Need to Know
When someone feels threatened, harassed, or unsafe, DC law offers important legal protections. Two of the most common remedies are Anti-Stalking Orders (ASOs) and Civil Protection Orders (CPOs), sometimes just called “protective orders.” While these may sound similar, they serve different purposes and apply in different situations.
If you or someone you care about is considering one of these orders—or if you’ve been served with one—it’s critical to understand how they work. Below, I break down the differences so you know exactly what each order means, how they are obtained, and what the consequences are.
What Is a Civil Protection Order (CPO)?
A Civil Protection Order (CPO) in DC is designed to protect individuals from threats, harassment, abuse, and violence—most often in the context of a family, dating, household, or intimate relationship. The petitioner must show by a preponderance of the evidence that the respondent committed a crime against them.
In simple terms, a CPO is usually about personal or domestic safety. For example:
A person experiencing domestic violence from a partner or spouse.
A roommate or family member who has been physically assaulted.
Someone harassed by a person they dated or are in a close relationship with.
Who Can Request a CPO?
A civil protection order can generally be requested if the person seeking protection (the “petitioner”) and the other person (the “respondent”) share or shared a qualifying relationship. A petitioner can also seek a CPO on behalf of his or her minor children.
In DC, a petitioner can request a CPO if they have one of the following relationships with the respondent:
Spouse or former spouse
Current or former domestic partner
Person who shares a child in common
Individual in a romantic, dating, or sexual relationship
Family members, including parents, children, or siblings related by blood or marriage
What Does a CPO Do?
If granted, a civil protection order can grant a variety of relief to achieve the goal of protecting the petitioner and/or their minor children:
Prohibit the respondent from contacting or attempting to contact the petitioner
Order the respondent to stay 100 yards away from the petitioner’s home, work, and school
Address temporary custody, visitation, or support issues if children are involved
Award temporary financial assistance to a spouse or domestic partner
Require the respondent to vacate a shared home
Require the respondent to relinquish firearms
A CPO in DC can last up to two years and can be extended for good cause.
What Is an Anti-Stalking Order (ASO)?
An Anti-Stalking Order is designed specifically for situations involving stalking behavior, regardless of whether the people involved know each other. A petitioner in a stalking order case must show by a preponderance of the evidence (or more likely than not) that the respondent committed stalking against them. If a person qualifies for a CPO, they should pursue a CPO rather than an ASO because an ASO is limited to stalking behavior. A CPO is broader with the forms of proof the petitioner can present at trial.
Stalking in DC means a person has engaged in a course of conduct directed at someone else that would cause a reasonable person to feel fear, emotional distress, or suffer significant harm. The behavior does not need to be violent—it can include repeated unwanted contact, surveillance, or harassment. While the behavior does not have to be violent, is cannot be based on acts protected by the First Amendment.
Who Can Request an ASO?
Anyone who is the target of stalking behavior can petition for an Anti-Stalking Order. Unlike a CPO, there does not need to be a family, romantic, or household relationship between the parties. For example:
A coworker who is repeatedly followed after work
A neighbor who constantly monitors and harasses another resident
A stranger who is sending threatening messages repeatedly
What Does an ASO Do?
If granted, an Anti-Stalking Order can:
Prohibit the stalker from contacting, following, or surveilling the petitioner.
Require the stalker to stay a certain distance away from the petitioner’s home, workplace, or other locations.
Order the stalker to stop any behavior considered harassing, threatening, or intimidating.
Like CPOs, ASOs last up to two years and can be extended for good cause.
Key Differences Between CPOs and ASOs in DC
While both orders aim to protect people from harm, there are some important differences:
| Feature | Civil Protection Order (CPO) | Anti-Stalking Order (ASO) |
|---|---|---|
| Relationship Requirement: | Requires a qualifying relationship (family, intimate partner, household, etc.) | No relationship required; available if respondent committed stalking |
| Focus: | Domestic violence, threats, destruction of property, stalking, abuse in personal relationships, and any other criminal offense committed by the respondent against the petitioner | Stalking behavior (repeated unwanted contact, following, harassment) |
| Duration: | 2 years (with possible extensions) | 2 years (with possible extensions) |
| Relief Available: | Stay-away orders, custody/visitation terms, firearm restrictions, financial support | Stay-away orders, no-contact provisions, limits on surveillance or harassment |
| Process: | Petition filed in DC Superior Court Domestic Violence Division | Petition filed in DC Superior Court Domestic Violence Division |
The Process: How These Orders Are Obtained
Both CPOs and ASOs start with a petition filed in DC Superior Court. Here’s a simple breakdown of what happens:
Filing the Petition:
The petitioner (person seeking protection) fills out court forms describing what happened.
For a CPO, the relationship to the respondent must be shown.
For an ASO, the stalking behavior must be detailed.
Temporary Order:
A judge may issue a temporary protective order (TPO) right away, especially if there is an immediate safety concern.
Temporary orders last until the first court hearing, which is typically 14 days after the issuance of the TPO.
Court Hearing:
Both parties are notified and must appear before a judge for a final hearing.
The court will hear evidence from both sides as to why a protection order should or should not be granted.
The respondent can consent to the protection order without a hearing.
Final Order:
If the judge finds enough evidence, or if the respondent consents, a final CPO or ASO is issued.
Violating the order is a serious offense that can lead to arrest, fines, or jail time.
How an Experienced Attorney Can Help
If you are seeking a CPO/ASO or have been served with a CPO/ASO in Washington, DC, you should take it seriously. These orders can have major impacts on a person’s life, such as their employment, housing, and custody.
Explain the process and your rights in plain language
Help you prepare for the final evidentiary hearing
Negotiate with the opposing party or counsel
Challenge false or exaggerated claims
Ensure that claims are presented in the clearest way to the court
Negotiate terms that may be more manageable with the court
Defend you if the order is violated or if criminal charges are filed
Final Thoughts
Both CPOs and ASOs are powerful legal tools. Because they can significantly affect people’s lives, it’s essential to understand the process and your rights before moving forward.
If you’re dealing with a situation involving a CPO or ASO in Washington, DC, you don’t have to face it alone. Speaking with an experienced attorney in CPO and ASO matters can make all the difference in protecting your safety, your reputation, and your future.