Discretionary appointment of counsel

General types of protective orders available

D.C. Code § 16-1003, which covers civil protection orders (CPOs), provides that the following individuals may ask the court for a protective order for the ensuing reasons:

(a) A person 16 years of age or older may petition the Domestic Violence Division for a civil protection order against a respondent who has allegedly committed or threatened to commit:

(1) An intrafamily offense, where the petitioner is the victim, or, if the offense is punishable under § 22-1001 or § 22-1002, where the victim is an animal that the petitioner owns, possesses, or controls;

(2) Sexual assault, where the petitioner is the victim;
(3) Trafficking in labor or commercial sex acts, as described in § 22-1833, where the petitioner is the victim; or
(4) Sex trafficking of children, as described in § 22-1834, where the petitioner is the victim.

(b) A minor who is at least 13 years of age but less than 16 years of age may petition the Domestic Violence Division for a civil protection order against a respondent who has allegedly committed or threatened to commit:

(1) An intrafamily offense, where the petitioner is the victim, or, if the offense is punishable under § 22-1001 or § 22-1002, where the victim is an animal that the petitioner owns, possesses, or controls; provided, that the petitioner is an intimate partner;
(2) Sexual assault, where the petitioner is the victim; provided, that the respondent does not have a significant relationship, as that term is defined in § 22-3001(10), with the petitioner; or
(3) Sex trafficking of children, as described in § 22-1834, where the petitioner is the victim.

Although a minor who is younger than 13 cannot file for a protective order on their own behalf, the statute provides that a variety of individuals may file for them, including a parent, legal guardian or custodian, physical custodian, or sexual assault youth victim advocate as defined in § 23-1907(14). D.C. Code § 16-1003(c)-(d).

Appointment for petitioners of these protective orders

Appointment of counsel under the statute is discretionary and provides that “The Office of Attorney General may: …[a]t the request of the petitioner or a person petitioning on the petitioner’s behalf, provide individual legal representation to the petitioner in proceedings under this subchapter.” Id. at (f)(1)(B).

If the petitioner is an unrepresented minor and “[t]he appointment would not unreasonably delay a determination on the issuance or denial of a temporary protection order or civil protection order[,]” then the Domestic Violence Division may appoint an attorney to represent the party. Id. at (g).

As explained by one court, “[a]s initially enacted, the statute provided that petitioners would be represented by Corporation Counsel. Due to the great number of CPO petitions, the District of Columbia Council revised the statute in 1982 to allow petitioners to proceed pro se. Corporation Counsel continues to be involved in some cases.” Cloutterbuck v. Cloutterbuck, 556 A.2d 1082, 1084 n.2 (D.C. 1989); see also Green v. Green, 642 A.2d 1275, 1279 n.7 (D.C. 1994) (discussing history of the statute).

Appointment for petitioners of anti-stalking and other civil protection orders

Additionally, § 16-1062 mirrors much of the language of § 16-1003, providing that the Office of Attorney General may, “[a]t the request of the petitioner or a person petitioning on the petitioner’s behalf, provide individual legal representation to the petitioner in proceedings under this chapter.” D.C. Code § 16-1062(d)(1)(B).

And if the party is an unrepresented minor and “[t]he appointment would not unreasonably delay a determination on the issuance or denial of a temporary anti-stalking order or anti-stalking order[,]” then the court may appoint attorneys to represent the party. Id. at (e).