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 minor respondents of these protective orders

If a party 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 Divison may appoint an attorney to represent them. D.C. Code § 16-1003(g).

Appointment for minor respondents of anti-stalking and other civil protection orders

Additionally, § 16-1062 mirrors much of the language used in D.C. Code § 16-1003(g), stating that where a party 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 court may appoint an attorney to represent them. D.C. Code § 16-1062(e).