Legal remedies for survivors of domestic violence can be divided into two categories—criminal or civil. 

Criminal Legal Process
The entry point to the criminal process is usually through the police. Victims in fear for their safety can call 911 for assistance or go into a District Police Station to file a police report. When victims contact police about a domestic violence concern or incident, police are required by DC Law and MPD policy to always take a report. If officers find that it is likely that a criminal offense has taken place, they must arrest the suspect under DC’s Mandatory Arrest Law. Officers are also required to provide their names and badge numbers as well as the report number to the victim.  Even in cases where the survivor does not want the batterer arrested, the arrest may occur anyway if the officer finds probable cause that a crime has been committed. 

If an arrest has been made by the police, it is the responsibility of the US Attorney’s Office (USAO) to charge the offender with the crime and prosecute the case on behalf of the people of the District of Columbia. This process is also very much outside of the survivor’s hands. While this may seem unfair, it takes the responsibility of holding the batterer accountable off of the survivor and places that responsibility on the system and the community. Due to the power and control dynamics of domestic violence, relying on the survivor to prosecute the batterer could put her in additional danger. Placing the responsibility of holding the batterer accountable on the legal system leaves the survivor free to focus on her safety and that of her family.

Survivors, their friends, family and advocates must evaluate the positives and negatives of an arrest. The positive aspects of arresting the offender are that an arrest:

• provides immediate safety for the survivor and other members of the household;
• creates a window of opportunity for the survivor to identify options, develop a safety plan, gather resources, and find support from family, friends, and service providers;
• brings an alternative source of power into the situation;
• sends an important message to children that violence and intimidation in the family is wrong, and that someone cares about them and will act to protect them;
• sends a strong message to the offender that criminal acts against intimate partners will not be tolerated; and
• forms the first link in a chain of accountability that may include a combination of prosecution, orders of protection, civil and criminal penalties, batterer’s education programs, and drug or alcohol treatment.

The possible negative aspects of arresting the offender are that the arrest may:

• take away certain decision-making processes from the survivor;
• have no impact because of few consequences;
• remove the batterer from the home;
• result in the batterer losing his/her job;
• give the batterer a criminal record; and/or
• impact the batterer’s immigration status.

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Civil Legal Options
Survivors may also file for a Civil Protection Order (CPO).  A CPO is an order from a judge that can require the perpetrator of abuse to do or not do certain things to create a zone of safety for the survivor. The benefit of a CPO is that it allows the survivor control over the entire legal process. The civil process, unlike the criminal process, is initiated and maintained by the survivor. If at any point during the petition process the survivor does not participate, the process will end. Criminal sanctions such as incarceration do not come into play unless the court or the police are notified that the batterer has violated the terms of the CPO. If this is the case, the batterer may then be arrested and prosecuted within the criminal system for violating the civil order.

The CPO offers some remedies that the criminal process cannot, such as:

• protection of family members;
• custody and visitation guidelines;
• mandated treatment programs for the batterer, such as domestic violence counseling, parenting skills classes, substance abuse programs, and/or mental health counseling;
• ordering the batterer to vacate the home;
• ordering the batterer to remain 100 feet away from the survivor's home and work, as well as the children’s daycare or school;
• and prohibit contact via telephone, text message, e-mail or via a third party.

Filing for a CPO is a two-step process. The first step is petitioning the court for protection from the batterer via a Temporary Protection Order (TPO). This is a temporary, two-week order that provides the victim with a window of safety during which time she/he can address immediate safety needs. People petitioning for a TPO can see a judge on the day of their application, and receive an order that day. This process normally takes approximately 2 hours. The victim must then arrange to have the abuser served with notice to appear in court for the Civil Protection Order hearing, which generally happens two weeks from the date the petition was filed. Like the criminal process, the CPO has both positive and negative aspects. A CPO is only effective when it is enforced, and within the civil system the burden of enforcement is on the survivor. It is critical that a survivor report any violations of a CPO by filing a police report or by filing a contempt motion with the court so that appropriate corrective actions can be taken against the batterer.

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