Protective Orders in Indiana
Protective orders are essential in Indiana for safeguarding victims of stalking, domestic violence, and other types of abuse. This information will help you understand the qualifying requirements, the legal ramifications, and the process of applying for or receiving a protective order in Indiana.
What Is a Protective Order?
A protective order, also known as a restraining order, is a court-issued document that prohibits a person (the respondent) from engaging in specific actions that could harm another individual (the petitioner). These actions might include physical violence, harassment, or unwanted contact.
Types of Protective Orders in Indiana
Indiana offers different protective orders based on the nature of the threat or harm:
- Orders for Protection (Domestic Violence)
For cases involving family or household members, such as a spouse, former spouse, or someone you share a child with. - Anti-Stalking Orders
For victims of stalking, regardless of whether the stalker is known to them. - Sexual Assault Protective Orders
For individuals who have been sexually assaulted and need protection from the perpetrator.
Who Can File for a Protective Order in Indiana?
You may file for a protective order if you:
- Are a victim of domestic violence, stalking, or sexual assault.
- Have been threatened with harm.
- Are filing on behalf of a minor or an incapacitated adult who is a victim.
Steps to Obtain a Protective Order
- Filing the Petition
- Visit your local courthouse to obtain the necessary forms or file electronically through Indiana’s online protective order registry.
- Provide detailed information about the respondent and the nature of the harm or threat.
- Temporary Protective Order
- Upon filing, a judge may issue a temporary order, often without the respondent present (ex parte). This provides immediate protection.
- Court Hearing
- A hearing is scheduled where both parties can present evidence and testimony. The respondent has the right to contest the order.
- Final Protective Order
- If the judge finds sufficient evidence, a final protective order is issued. This typically lasts two years but can be extended under certain circumstances.
What Does a Protective Order Do?
A protective order can:
- Prohibit the respondent from contacting or approaching the petitioner.
- Remove the respondent from a shared residence.
- Mandate the surrender of firearms.
- Prevent further harassment or abuse.
Violating a protective order is a criminal offense in Indiana and can lead to arrest, fines, and imprisonment.
How to Enforce a Protective Order
Once a protective order is issued, it’s essential to:
- Keep a copy with you at all times.
- Inform local law enforcement about the order.
- Report any violations immediately to the police.
Legal Implications for Respondents
Being the subject of a protective order can have significant consequences, including:
- Restrictions on owning firearms.
- Limitations on employment opportunities.
- Negative impacts on child custody arrangements.
Respondents have the right to legal representation and can challenge the order in court.
Resources for Victims in Indiana
If you need help or support, consider reaching out to the following:
- Indiana Coalition Against Domestic Violence (ICADV)
Phone: 1-800-332-7385
Website: www.icadvinc.org - National Domestic Violence Hotline
Phone: 1-800-799-SAFE (7233) - Local Law Enforcement
Contact your nearest police department for immediate assistance.
For people who are being threatened or abused, protective orders are essential to their safety and wellbeing. Knowing your rights and obligations is crucial if you think you require a protective order or have been listed in one. Getting legal counsel from an experienced lawyer can help you successfully navigate this process, regardless of whether you are the petitioner or the responder.
FAQs: Protective Orders in Indiana
1. What is the difference between a protective order and a restraining order?
In Indiana, “protective order” is the legal term commonly used, while “restraining order” is a broader term used in other jurisdictions. Both serve the purpose of protecting individuals from harm, but a protective order specifically applies to cases of domestic violence, stalking, or harassment.
2. How much does it cost to file for a protective order in Indiana?
Filing for a protective order in Indiana is free. The state waives court fees to ensure access to protection for victims of abuse, harassment, or stalking.
3. How long does a protective order last in Indiana?
A protective order typically lasts two years. However, a judge can specify a different duration depending on the circumstances. You can request an extension before the order expires if continued protection is necessary.
4. Can I file for a protective order online?
Yes, Indiana provides an online protective order registry where you can file your petition electronically. Visit the Indiana Protective Order Registry for more details.
5. Can I get a protective order against someone I’ve never lived with or dated?
Yes, protective orders are not limited to domestic relationships. You can request a protective order against anyone who has stalked, harassed, or threatened you, even if you do not have a personal relationship with them.
6. What happens if the respondent violates the protective order?
Violating a protective order is a criminal offense in Indiana. Law enforcement can arrest the violator immediately, and they may face charges such as fines, probation, or imprisonment.
7. Do I need an attorney to file for a protective order?
No, you do not need an attorney to file for a protective order. The court provides forms and assistance to help you file. However, having legal representation can be beneficial, especially if the respondent contests the order.
8. Can a protective order include my children?
Yes, you can request that your protective order include your minor children if they are also at risk of harm. The court may grant protection for them as part of the order.
9. Will the respondent know I filed for a protective order?
Yes, the respondent will be served with a copy of the protective order petition and any temporary orders. They also have the right to attend the hearing and present their case.
10. Can a protective order affect child custody or visitation?
Yes, a protective order can temporarily restrict or modify custody or visitation arrangements if the court deems it necessary to protect the safety of the child or petitioner.
11. Can the respondent own firearms if a protective order is in place?
No, federal and Indiana state laws prohibit respondents from owning, possessing, or purchasing firearms while a protective order is in effect.
12. What should I do if the judge denies my request for a protective order?
If your request is denied, you may appeal the decision or explore other legal options for protection, such as criminal charges or no-contact orders. Seeking advice from an attorney or advocacy organization can provide additional support.
13. Can I dismiss or cancel a protective order once it’s in place?
Yes, as the petitioner, you can request the court to dismiss the protective order. However, the judge will need to approve the dismissal to ensure it aligns with your best interests.
14. What if I move to another state? Will my protective order still be valid?
Yes, protective orders issued in Indiana are enforceable in other states under the Full Faith and Credit Clause of the Violence Against Women Act (VAWA). Be sure to keep a certified copy of your protective order with you.
15. Can I modify the terms of a protective order?
Yes, you can request modifications to an existing protective order if circumstances change. You must file a motion with the court, and a judge will review your request.
