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Civil Protection Order Lawyer in DC

Experienced representation in DC protection order cases  

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Scrofano Law, PCScrofano Law PC
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A civil protection order lawyer in DC protects the rights of people who have been served with a temporary protection order or a civil protection order in Washington, DC. That protection starts the moment you retain counsel, not at the trial date. A CPO lawyer reviews the petition, advises you on what the conditions mean, challenges procedural errors, negotiates with opposing counsel, and represents you before a DC Superior Court judge. In a proceeding that moves to trial within 14 days of service, that early involvement is what keeps your options open.

At Scrofano Law PC, Attorney Joseph Scrofano has litigated more than 1,000 cases across DC courts and administrative agencies, including the DC Superior Court, where CPO proceedings are heard. The firm moves immediately when a client is served, requesting continuances, preserving defenses, and making sure the temporary conditions imposed by the court are understood and contested where appropriate.

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CPO cases are civil, not criminal, but that distinction does not limit their impact. A civil protection order can remove you from your own home, require you to stay 100 yards away from the petitioner, and prohibit all contact by phone, email, or social media. It can also impose conditions around treatment and bar you from possessing firearms under DC and federal law. Violating any condition, even inadvertently, is contempt of court, a criminal offense.

The evidentiary standard in CPO proceedings is also lower than in criminal cases. The petitioner only needs to prove the case by a preponderance of the evidence, more likely than not. That lower bar, combined with a compressed timeline, means a respondent without legal counsel is at a serious disadvantage before the proceeding even begins.

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Stay Away Orders

Typically, there are two types of CPOs. The first is a full-blown stay away no contact order. With a stay away no contact order, individuals are barred from coming within 100 yards (or the length of a football field) from the petitioner. This kind of CPO also prohibits the individual from contacting in any way (by phone, email, social media, or through a third-party) while the order is in effect. If you are subject to a stay-away no-contact order, a simple text message to the petitioner could lead to you getting charged with contempt of court, which is a criminal offense that can result in fines and jail time.

The second type of stay away order is called a stay away “NO HATS” order. A “NO HATS” order is narrower than a stay away no contact order. The acronym HATS stands for harassing, assaulting, threatening, or stalking behavior. That means normal day-to-day contact is allowed between the petitioner and respondent. However, if the respondent harasses, assaults, threatens, or stalks the petitioner, then the respondent could be charged and convicted with contempt of court. This type of order is common in a situation where the petitioner wants to remain in contact with the respondent. An example where this could occur is when the parties have a child in common.

Temporary Protection Orders

The process for filing a CPO involves the petitioner making a written request to the Court for either a TPO and CPO or just a CPO. A temporary protection order requires the petitioner to demonstrate that they are in immediate danger and in need of the court’s protection. The hearing is typically held ex parte, which means outside the presence of the respondent. 

The judge hearing the allegations must assume for the purposes of the hearing that the allegations are true and decide whether to issue the order on that basis. It is then up to the petitioner to serve the respondent before the next court hearing. Temporary protection orders remain in effect until the next court date, at which a trial may occur to determine if the judge will enter a civil protection order. A civil protection order remains in effect, if granted, for one year.

What Makes Scrofano Law PC the Right Choice for CPO Defense in DC

CPO cases are litigated in DC domestic violence court, move on compressed timelines, and involve a lower burden of proof than criminal proceedings. The attorney you choose needs to know that court, know those judges, and know how to build a defense under time pressure. 

Here is what Scrofano Law PC brings to that table.

Firsthand Knowledge of How DC Judges Decide These Cases

Before founding Scrofano Law, Attorney Joseph Scrofano spent two years clerking for the Honorable Natalia Combs Greene in DC Superior Court, the same court where CPO proceedings are heard. Judge Combs Greene previously served as Director of Training at the United States Attorney’s Office for DC. That clerkship gave Attorney Scrofano direct insight into how judges evaluate evidence, weigh credibility, and make decisions in civil and criminal proceedings.

That courtroom perspective, understanding what judges look for and how arguments land, directly informs how Scrofano Law PC prepares and presents CPO defense cases in DC Superior Court.

A Trial Lawyer Who Prepares Every Case for Court

Many CPO cases resolve through negotiation with the courthouse Attorney Advisor before trial. But that negotiation goes better when the other side knows your attorney is fully prepared to try the case. Attorney Scrofano graduated from the Trial Lawyer’s College in 2013, a selective advocacy program founded by legendary trial lawyer Gerry Spence, and returned for advanced training in 2014 and 2017.

That preparation is reflected in how clients describe the firm. Former clients call Attorney Scrofano a “bulldog that’s not afraid to get into a fight” and “tireless.” When negotiations don’t produce an acceptable outcome, the case goes to trial with a lawyer who is ready for it.

Recognized Across DC’s Legal Community

Attorney Scrofano has been selected as a Super Lawyer from 2023 to the present, was named a Rising Star by Super Lawyers Magazine from 2015 to 2022, and holds an AV-Preeminent rating from Martindale-Hubbell with a perfect score of 5.0/5.0. He has been quoted in the Washington Post and the Atlantic on criminal justice matters and appeared as a commentator on Court TV.

He has served as Chair of the DC Bar Criminal Law and Individual Rights Section and presents regularly for the DC Bar on criminal law and trial skills topics. That profile in the DC legal community is relevant to how CPO cases are negotiated and tried.

Both Sides of CPO Representation

Scrofano Law PC represents both respondents defending against CPO petitions and petitioners who need to file for protection. If you are in danger and need to file a TPO or CPO against someone, the firm understands the court process from both sides and can help you navigate it effectively. 

How a DC Civil Protection Order Case Moves Through the Courts

CPO cases follow a defined process in the DC Superior Court. Understanding what happens at each stage and what your attorney should be doing helps you stay prepared throughout.

Step 1: Service of the TPO and Summons

The process begins when the petitioner files a request with the court. If the judge finds the petitioner has demonstrated immediate danger, a temporary protection order is issued, often the same day, in a hearing held without the respondent present. The petitioner is then required to serve the respondent with the summons and TPO before the next court date. From the moment you are served, the clock is running.

Step 2: Retaining Counsel and Requesting a Continuance

The trial date on a CPO is typically set within 14 days of service. Most attorneys need more time to prepare adequately. The first step Scrofano Law PC takes after being retained is contacting opposing counsel to request a continuance of the trial date. Continuances are routinely granted in these circumstances. If a TPO is in place, the respondent must consent to extending it from the original date to the new date, something the firm manages directly.

Step 3: Evidence Review and Defense Preparation

Attorney Scrofano reviews all available evidence, the written petition, any supporting documentation, prior incident records, and witness information. CPO cases turn on credibility and the specific facts alleged. The defense strategy is built around challenging the petitioner’s account, identifying inconsistencies, and presenting evidence that supports the respondent’s position under the preponderance standard the court applies.

Step 4: Attorney Advisor Negotiations

When both parties appear for trial in DC Superior Court, the judge typically passes the case to give the parties an opportunity to negotiate with the courthouse Attorney Advisor. This employee facilitates settlement discussions and helps parties reach a resolution without going to trial. Scrofano Law PC prepares for this stage in advance, knowing what terms are acceptable and what concessions create unacceptable long-term risk for the client.

Step 5: Trial on the CPO Petition

If no agreement is reached, the case proceeds to trial before the judge. The petitioner presents their case first. Attorney Scrofano cross-examines witnesses, challenges the evidence presented, and presents the respondent’s defense. Because CPO cases are civil proceedings, there is no jury, the judge decides. Courtroom preparation and the ability to effectively challenge witness credibility are the deciding factors at this stage.

Step 6: Post-Order Consequences and Compliance

If a CPO is granted, Attorney Scrofano advises the client on the specific conditions imposed and what constitutes a violation. Contempt of court charges for CPO violations are criminal, meaning a civil proceeding can quickly create criminal exposure. The firm also advises on firearm surrender requirements and any implications for security clearances or employment, so clients understand the full scope of what the order requires.

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Speak With a Civil Protection Order Lawyer in DC About Your Case 

Additional collateral consequences can occur when a Civil Protection Order is imposed against someone. Having a CPO granted against you could lead to problems with a security clearance and can make possession of a firearm illegal. In addition, if the petitioner makes an allegation that you violated the CPO, all of a sudden, you’ll find yourself facing potential contempt of court charges. 

Because of these potential consequences, it’s critical to hire a qualified DC CPO lawyer. In addition, if you are in danger and need to file for a CPO against someone, it’s also important to hire an experienced CPO attorney who can help you navigate the unfamiliar court process.

If a judge grants a petition for a civil protection order, the judge can order additional conditions, including that the respondent undergo alcohol, drug, or mental health treatment, pay the petitioner’s attorney’s fees, and provide other equitable relief.

If you are in need of representation for a CPO matter, do not hesitate and contact us for full case evaluation today.

Frequently Asked Questions: Civil Protection Orders (CPOs) in DC

1. What is the difference between a TPO and a CPO?

A Temporary Protection Order (TPO) is an emergency, short-term order issued the same day you file your petition, often without the other person present. It typically lasts for 14 to 28 days to provide immediate protection while you arrange for the other party to be served. A Civil Protection Order (CPO) is the final order issued after a full court hearing or agreement, and it generally remains in effect for one to two years.

2. How is a CPO proven in court?

Unlike a criminal case where the standard is “beyond a reasonable doubt,” a CPO case uses a lower standard called “preponderance of the evidence.” This means the judge only needs to find that it is “more likely than not” (greater than 50% probability) that the respondent committed or threatened to commit a crime against the petitioner. In DC, this is often referred to as showing “good cause.

3. What is a "NO HATS" order?

A “NO HATS” order is a limited type of protection order where the acronym HATS stands for Harassing, Assaulting, Threatening, or Stalking. Unlike a full “stay-away” order that bans all contact, a NO HATS order allows the parties to continue day-to-day communication and contact. However, if the respondent engages in any of the four prohibited behaviors, they can be charged with criminal contempt of court.

4. Can a CPO affect my job or right to own a gun?
Yes. A CPO is a public court record that can appear on background checks, potentially jeopardizing security clearances or employment in sensitive fields. Additionally, under DC and federal law, being subject to a protection order typically makes it illegal for the respondent to possess or purchase firearms and ammunition. If a TPO or CPO is issued, the court usually requires the immediate relinquishment of any firearms.
5. What happens if someone misses their CPO court date?
If the petitioner (the person who filed) fails to appear, the judge will typically dismiss the case “without prejudice,” meaning it can be re-filed later. If the respondent (the person the case is against) fails to appear and there is proof they were properly served, the judge may issue a “default CPO.” This means the order is granted based only on the petitioner’s evidence, without the respondent having a chance to defend themselves.

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Speak With a Criminal Defense Lawyer in Washington DC Today

Being charged with a crime can have serious consequences, including fines, a criminal record, or even jail time. Having an experienced criminal defense lawyer on your side can make a critical difference in the outcome of your case.

At Scrofano Law PC, we are committed to defending your rights and guiding you through every stage of the legal process. Our firm represents clients throughout Washington DC, Maryland, and Northern Virginia in a wide range of criminal defense matters.

Contact us today to schedule a confidential consultation with a criminal defense lawyer in Washington DC.