Restraining Orders

There are two types of anti-stalking orders (ASOs) in Washington, D.C., a temporary ex parte anti-stalking order and a final anti-stalking order.

Temporary (Ex Parte) Anti-Stalking Order (TASO)
When you file a petition for an ASO, you can request that the court issue a temporary order without giving prior notice to the respondent, known as an “ex parte” order. A judge will hold an ex parte hearing on the day you file your petition unless it was filed too late in the day to review. In that case, a hearing on the ex parte order will be held the next day the court is open.

A judge can issue a TASO if you show that your safety, the safety of a household member, or the safety of your animal is immediately endangered by the respondent.¹ The first TASO that you get can last up to 14 days. Once you return to court, the judge can extend the TASO for additional 14-day periods, for 28 days with good cause, or for a longer period if both parties consent.²

Final Anti-Stalking Order (ASO)
A final ASO can be issued by a judge after one of the following happens:

1. there is a court hearing where you and the stalker appear and present evidence and testimony to the judge;³
2. there is a court hearing where only you appear – the stalker fails to appear even though you can prove s/he was properly served with notice of the court date;⁴ or
3. in court, the stalker consents to an ASO being issued. A stalker can consent to an ASO without admitting to stalking.³

In option 1 or 2, above, the judge will only issue the final ASO if s/he believes that it is more likely than not that the respondent stalked you. For option 3, this is not a requirement.

A final ASO lasts up to two years - the expiration date should be included on the order.⁵ However, the length of the order can change if either party files a motion in court and proves that there is “good cause” to extend it, change (modify) it, or cancel (vacate) it.⁶ For more information, see How do I change, cancel, or extend my anti-stalking order?

¹ D.C. Code § 16-1063(d)
² D.C. Code § 16-1063(e)(2)
³ D.C. Code § 16-1064(c)
⁴ D.C. Code § 16-1065(c)
⁵ D.C. Code § 16-1064(d)
⁶ D.C. Code § 16-1064(e)