To get a stay away order in DC, you file a petition at the DC Superior Court’s Domestic Violence Intake Center, and a judge can issue a temporary order the same day before setting a hearing for a longer-term order. The District offers three different routes depending on your relationship to the person and the circumstances, so the first decision is which type of order fits your situation.
Which Order Fits Your Situation
A Civil Protection Order (CPO) is the usual route when you have what DC law calls an “intrafamily” relationship with the person: related by blood, marriage, adoption, or domestic partnership; a co-parent; a current or former romantic partner; or someone you’ve lived with in the past year. The definition also covers cruelty against an animal owned by a family or household member.1D.C. Law Library. District of Columbia Code 16-1001 – Definitions
If the person is a stranger, acquaintance, or anyone else outside that relationship list, a CPO doesn’t apply. DC created a separate Anti-Stalking Order for cases of stalking, sexual assault, or sexual abuse where no prior relationship exists. You file for one through the same Domestic Violence Division, and the process looks similar.
A third kind of stay away order comes out of a criminal case. When someone is arrested for a crime against you, the judge handling that case can impose a stay away condition on the defendant’s release. You don’t file for this yourself; the prosecutor or judge puts it in place, and it lasts only while the criminal case is pending.
What to Gather Before You File
Judges draft protection orders around specifics, so the more concrete information you bring, the more enforceable your order will be. Pull together:
- The respondent’s full legal name, home address, and workplace, so the court can serve them.
- A written, chronological account of what has happened, with dates, times, and locations. “On March 12, they showed up at my workplace at 3 p.m. and refused to leave” carries far more weight than “they’ve been harassing me.”
- Exact addresses of every place you need the person barred from: your home, your workplace, your child’s school, anywhere else you want protected.
- Supporting evidence: screenshots of threatening messages, photos of injuries, police reports, medical records.
Where and How to File
Go to the Domestic Violence Intake Center at the DC Superior Courthouse, 500 Indiana Avenue NW, Suite 4550. A second intake location at 1328 Southern Avenue SE, Suite 311 handles only intrafamily cases, so if your situation involves a non-family stalker, or you aren’t sure which category applies, go to Indiana Avenue.
There is no filing fee. Staff at the intake center will help you complete the Petition for Civil Protection, and you’ll sign it under oath at the clerk’s office and receive your court paperwork the same day.
Temporary Order the Same Day, Full Hearing in Two Weeks
After you file, a judge reviews your petition that day in an ex parte proceeding, without the respondent present. If the judge sees enough evidence of an immediate threat, they issue a Temporary Protection Order (TPO) that takes effect right away. A TPO lasts up to 14 days initially, which gives time for the respondent to be formally served with notice of both the order and the upcoming hearing. The court can extend the TPO if service takes longer.2D.C. Law Library. District of Columbia Code 16-1004 – Petition; Temporary Protection Order
Once the respondent has been served, the court holds a full hearing. Both sides can present evidence, call witnesses, and have attorneys argue on their behalf. This is where the case is decided. Phone records, medical documentation, and testimony from people who witnessed the abuse all matter. If the judge finds you need ongoing protection, they issue a Civil Protection Order that can last up to two years, and the court can renew it beyond that.3D.C. Law Library. District of Columbia Code 16-1005 – Hearing; Evidence; Protection Order
What the Order Can Actually Restrict
There is no standard distance that applies to every order. The judge writes the specific terms based on your case, and they typically include:
- Physical proximity. The respondent must stay away from you, your home, your workplace, your vehicle, and any other address the judge lists. The written order names each protected location.
- Direct contact of any kind: phone calls, texts, emails, letters, social media messages.
- Indirect contact through friends, family, or anyone else used to relay a message. Even a friend request or a reaction to a social media post can count as a violation.
The order binds the respondent, not you. If they end up near you, the obligation to leave is theirs.
The court can also require the respondent to surrender firearms. On top of that, federal law bars anyone subject to a qualifying domestic violence protection order from possessing firearms, so a DC order can reach outside the District.
When you and the respondent share children, the CPO can include temporary custody and visitation terms. DC law creates a presumption against joint custody when the court finds a party committed an intrafamily offense, so the respondent faces real resistance to shared custody while the order is in place. Judges may award sole custody to the petitioner, order supervised visitation, or structure other arrangements. These custody provisions last only as long as the protection order; a long-term arrangement requires a separate family court case.
If the Respondent Violates the Order
Violating any term of a TPO or CPO is criminal contempt under DC law, punishable by up to 180 days in jail, a fine, or both.3D.C. Law Library. District of Columbia Code 16-1005 – Hearing; Evidence; Protection Order Each separate act can be charged independently, so five prohibited text messages can mean five separate contempt charges. The court can also extend the order or add stricter conditions after a violation.
Changing, Extending, or Ending the Order
Only a judge can change a protection order. A private understanding between you and the respondent has no legal effect. If you tell the respondent “it’s fine, come over,” the order still stands, and they can still be arrested for showing up.
Either party can file a motion to modify or vacate the order if circumstances change. You can ask for more restrictions if things have escalated, or ask to remove certain terms if the threat has genuinely subsided. A respondent who wants the order lifted should file through an attorney rather than reaching out to you, since the attempted contact itself can trigger contempt charges.
As the order’s expiration approaches, you can request an extension if the threat persists. The court looks at whether the original reasons for the order still apply.
Rights That Come With Your Order
A protection order unlocks two practical protections that often matter as much as the order itself.
The first is the right to break your lease. Under DC Code ยง 42-3505.07, a tenant who is a victim of an intrafamily offense, or the parent or guardian of a minor victim, can end a rental agreement by giving the landlord a copy of the protection order. You can also use documentation signed by a law enforcement officer, health professional, or domestic violence counselor confirming the offense was reported. The request has to be made within 90 days of the incident cited in the petition or report.4D.C. Law Library. District of Columbia Code 42-3505.07 – Notice of Lease Termination by Tenant Who Is a Victim of an Intrafamily Offense Once the landlord has your written notice and documentation, the lease ends 14 days later or when a new tenant moves in, whichever comes first. You owe prorated rent through that date; any back rent still has to be paid.
The second is workplace leave. DC’s Accrued Sick and Safe Leave Act lets employees use paid leave for absences tied to domestic violence or sexual abuse, including protection order hearings, attorney meetings, and relocating for safety. Your employer cannot fire or retaliate against you for using it, and the DC Department of Employment Services can order your reinstatement if they do. The CPO process can mean multiple court appearances over several weeks, and knowing your job is protected removes one of the bigger practical barriers to following through.