Thomas G. WitkopLaw Offices

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Preliminary Injunction Civil Protective Order in Washington DC

Washington DC does have a vehicle for a civil protective order. It is a straightforward procedure if the victim and defendant are related by blood, adoption, marriage, domestic partnership, have a child in common, share or have shared the same home, or have previously had a dating relationship. Additionally, if the person you are currently in a relationship with has an former partner who is threatening you you can get a civil protection order also. It also protects people not in the above type relationships who are victims of stalking, sexual assault or sexual abuse.

The procedure is fairly straightforward and the DC code tells you how to do it.  Refer to  DC code section 16-1000 etc.

But what happens if you don't fit into that category and are being threatened. The procedure is more complicated. The district allows you to file a civil complaint requesting a temporary restraining order followed up by a request for an injunction. The steps are more involved and the process can take several court hearings. I recently had such a case and share some very basic observations:

Based on my legal research it is my opinion that in  order to succeed with the injunction the following four factors need to be proved:

1. Likelihood of irreparable harm if request is not granted (this is the most important factor)
2. Likelihood of success on the merits of the underlying action
3. The "balance of injuries" favors giving injunction
4. Public interest would be served by granting the injunction

The burden of proof that you as the petitioner must overcome is clear and convincing proof. That is the second highest level of proof in the American justice system only somewhat below "beyond reasonable doubt".

In this particular case I call the victim who testified as to the threats made by the defendant. The victim testified very credibly and consistently. The defendant took the stand and his testimony was not presented well. I made a tactical decision not to cross-examine the defendant because I did not think that he hurt my client's case and he did not help his case.

Thereafter I put on a rebuttal witness who basically confirmed what the victim said and further rebutted what the defendant said.

The judge was able to make a decision without hearing closing argument. He favored my client's testimony and granted the preliminary injunction preventing the defendant from having any contact with my client, the victim, for one year.

If you are in a situation where you need a civil protective order or a Temporary Restraining Order I have both prosecuted and defended these in the Superior Court for Washington DC.



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