NCJ Number
170362
Date Published
Unknown
Length
93 pages
Annotation
Victims of domestic violence in the District of Columbia can seek relief through civil and criminal courts, and the law allows victims to pursue both civil and criminal actions at the same time.
Abstract
In a civil action brought by the victim of domestic violence, the victim can ask the court to issue a civil protection order (CPO). A criminal action in a domestic violence case is not brought by the victim but rather by the government, based on a police investigation of the victim's complaint that a person has committed a criminal act. The process of obtaining a CPO involves three steps: (1) filing a petition for a CPO; (2) having a copy of the petition and other court papers served on the abuser; and (3) going to court for a hearing before a judge. Guidance is offered on what a victim can do if the CPO is violated, how to obtain a temporary protection order while waiting for a CPO, and how to obtain an extension of the CPO. A sample petition and affidavit for a CPO and a sample CPO contempt motion are included. Guidance is also offered on how the criminal justice system can help domestic violence victims. The emphasis is on criminal charges, police investigations, arrest of the abuser, imprisonment of the abuser while a criminal case is pending, types of protection available to victims, criminal trials and sentencing, differences between misdemeanor and felony charges, and differences between a criminal stay-away order and a CPO. Resources available to domestic violence victims are identified, including intake centers, hotlines, shelters, counseling, protective services, legal assistance, and books and information. References, tables, and figures