Protective Orders
A person who has experienced domestic violence or a threat of violence, stalking, or sexual abuse and who is afraid that they may be harmed may seek an Order for Protection. An Order for Protection is a court order that requires that a person stay away from and stop contacting someone else in order to prevent future violence. An Order for Protection may also be issued to protect a child. While the allegations made in support of an Order of Protection may involve criminal activity, Orders of Protection are civil matters intended primarily to stop violence before it happens.
People seeking protection may get assistance from an attorney, domestic violence shelter, or court program designed to assist with the application process. Information, forms and local agencies can be found at Indiana judiciary website. Depending on the situation, a person seeking an order of protection can ask for additional help, such as asking to have the restrained person: stay away from their workplace, school and home; be evicted from a joint home; have their parenting time restricted; be prohibited from possessing a firearm; and other relief which the Court decides is necessary to keep the applicant safe. The court can also order that law enforcement escort someone who has vacated a jointly-owned home to the home to retrieve basic belongings.
An Order for Protection is unique under Indiana law as it is one of the few situations in which the Court can enter an order granting a petitioner's request before hearing from the other side. If the Court determines that the allegations, if true, would justify the entry of an order of protection, the Court can grant relief as soon as the same day the petition is filed. finds there are not sufficient grounds to issue an order or the court may set a hearing within thirty (30) days to hear more information from both sides before making a decision. Certain relief may not be granted without a hearing, and other types of relief require that a hearing be set within thirty (30) days. Finally, the person against whom an ex parte order of protection is issued has the right to request a hearing. Therefore, although a hearing is not always necessary, it may become necessary in some cases.
Violations of a protection order are criminal violations, and the restrained person can be arrested. Indiana maintains a database of orders of protection, which law enforcement officers should be able to access in order to confirm that a protective order is in place in the event that you call with a complaint. It is always a good idea to keep a copy of the order with you, however. You also have the option of pursuing a contempt of court action against the offender in the civil protection case, in addition to any criminal prosecution.
Even if you have a protection order, you need to remain vigilant about your safety. Work with an organization such as Middleway House, Turning Point, or Sheltering Wings to create a safety plan.
Disclaimer: This summary is not intended to be comprehensive, and should not be construed as legal advice for your particular situation. Nothing in this website is intended to serve as or substitute for legal representation.