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Murphy v. Okeke

The D.C. Court of Appeals reversed the D.C. Superior Court?s entry of a civil protection order against the appellant in a case where both parties sought mutual CPOs. The appellant alleged on appeal that (1) the CPO against her was improper as a matter of law; (2) under the facts of this case, the CPO against her was improper; and (3) the trial court abused its discretion by denying her request for counsel fees. In addition to reversing the CPO against the appellant, the appeals court also remanded the matter for the trial court to reconsider the appellant?s request for counsel fees.

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Submitted January 16, 2007

Before GLICKMAN and BLACKBURNE-RIGSBY, Associate Judges, and FERREN, Senior Judge.

At issue in this appeal is whether “cross (or mutual)” civil protection orders were properly entered against Karl M.E. Okeke and Cynthia D. Murphy when Mr. Okeke physically assaulted Ms. Murphy after asking her to leave his apartment. Ms. Murphy challenges the entry of a Civil Protection Order (“CPO”) against her for failing to leave her ex-boyfriend, Mr. Okeke’s, apartment after he invited her there. Specifically, she alleges that (1) the CPO against her was improper as a matter of law because unlawful entry is a crime against property, not against a person and, therefore, does not satisfy the statutory requirement for an intrafamily offense;*fn1 (2) under the facts of this case, the CPO against her was improper because Mr. Okeke was the aggressor and violently assaulted her;*fn2 and (3) the trial court abused its discretion by denying her request for counsel fees.

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