In Indiana, a protective order (also known as a restraining order) requires your abuser to stay a certain distance away from you. It also mandates that they cease threatening, abusing, or harassing you and your family members.
These orders can have serious consequences if not followed and should be enacted quickly after the incident. An experienced attorney can help you through the process.
How do I get a Protective Order?
A Protective Order is an injunction granted by a court against an offender for the purpose of keeping them away from the petitioner. A petitioner can seek a Protective Order against a person who they feel has committed domestic violence, stalking, or harassed them or members of their family. The Act also allows for filing Protective Orders on behalf of minor children.
In Indiana, the process of seeking a Protective Order begins by filling out and filing a petition. The petitioner should complete the form with as much information as possible, including their name, address, phone number, and the date and time of any alleged abuse. The petitioner will then need to provide a detailed description of the alleged crime or incidents.
If the courts find the allegations to be true, they will issue a temporary restraining order known as an ex parte protective order. The respondent will not be notified of the petition or ex parte order at this stage and can be arrested immediately if they violate the terms of the protective order.
The order will remain in place until a hearing is held. The hearing will typically be held within 30 days of the ex parte order being issued. The respondent will be given the opportunity to present their side of the story to the judge at a protective order hearing.
During this hearing, the respondent can present evidence such as witness statements, medical records, and other documentation supporting their argument for dismissal. The court will then hear the arguments of both sides and decide whether to grant or deny the motion for a protective order.
Once a Protective Order is in place, it will be sent via email to local law enforcement agencies where the parties live and work. This will allow police officers in the field to quickly verify the order and ensure that they are aware of it if any violations occur.
When defending against a Protection Order, it is important that the respondent presents any available evidence to show that they did not commit any of the crimes that were alleged by the petitioner. They can also present evidence that the accusations against them are false or overstated.
What happens if I don’t get a Protective Order?
When the court grants an Order of Protection, it will set forth a variety of specific requirements including that the respondent refrain from directly or indirectly contacting you or abusing you. The order may also require that the offender give you possession of your home or other personal property. The order can also prevent the offender from possessing a firearm or from entering your school. The order will contain the address of the respondent, which is provided to local law enforcement and other authorities who can arrest a violator and hold him or her for contempt of court if he or she violates the order.
A Petition for a Protective Order can be filed by an adult or on behalf of a child. In some cases, the court will grant injunctive relief to protect the child as well, just like it would for an adult. In addition, the Court can also impose punishments such as a fine to coerce the respondent into compliance with its orders. If you believe the Respondent has acted in violation of the order, contact an experienced Indiana protective order lawyer immediately to discuss how you should proceed.
You and the respondent will have an opportunity to present evidence at a hearing held in front of a judge. The judge will hear both sides of the story and then issue his or her final order, granting or denying your petition. The judge will also set a time limit, typically between one and two years, for the duration of the Order.
If you are a victim of domestic violence, an experienced protective order attorney will help you navigate the complicated process. Obtaining a protective order involves proving that the other party physically harmed you or made you fear physical harm. In some instances, you must provide medical records or eyewitness statements to bolster your case.
It is often easier than imagined to breach the conditions of a protective order. Whether you are seeking protection, fighting a request, or dealing with a violation of the order, an experienced Indiana protective order attorney from Keffer Hirschauer LLP will guide you through the process.
What happens if I get a Protective Order?
Every year, tens of thousands of Hoosiers experience domestic violence and are forced to seek safety from their abusive relationships. A significant tool in combating this epidemic is the use of protective orders. A protection order is a court-issued order that prohibits contact with the victim. The alleged abuser is typically ordered to stay away from the petitioner and their family, home, or place of business. A protective order can also prevent the accused person from having access to a victim’s children.
A protective order can be filed at any time by anyone who has been a victim of stalking, domestic violence, sexual assault, or other crimes committed against them. The petitioner must provide detailed information about their allegations in a written statement submitted to the judge. Once the petition is filed, the alleged abuser must be notified, and a hearing is set within 30 days.
At the hearing, both parties have the opportunity to present their evidence and testimony in a courtroom setting. The petitioner has the burden of proving that by a preponderance of the evidence, they need a Protective Order to remain safe and free from further harm. The Respondent can challenge the claims in the petition and cross-examine the Petitioner.
After both sides have presented their evidence, the judge will issue their final decision – granting or denying the protective order. They will also determine how long the order will be in effect.
If a protected order is violated, the Respondent may be charged with contempt of court. A conviction for contempt of a Protective Order can result in jail time, fines, or weapon confiscation, among other penalties.
As you can see, each state’s law surrounding Protective Orders is complex and unique. You will need the help of a skilled attorney to guide you through the process, whether you’re seeking a protective order or defending against one. The legal team at Dixon & Moseley, P.C. is experienced in all facets of the law related to protective orders, and we serve clients throughout the State of Indiana. Contact us today to learn how we can assist you.
How do I fight a Protective Order?
A Protective Order, also known as a restraining order, is an emergency legal action that can be entered against another individual you believe is threatening you or your family. Typically, these orders will prevent the person from contacting you directly or coming within 500 feet of you. They can be entered on an ex parte basis and do not require the alleged abuser to be present at the time of the filing. These types of orders are often temporary until a hearing can take place, at which point they may be finalized, or the allegations against you will be dropped.
If you have been served with a Protective Order, the first thing you should do is contact an attorney with experience in fighting these types of cases. These types of orders can impact your daily activities, your reputation, and, in some cases, your livelihood. A qualified Indiana protection order lawyer can help you navigate the process and get the justice that you deserve.
To obtain an Indiana protective order, the petitioner must show by a preponderance of the evidence that they have experienced domestic or family violence, stalking, sexual assault, harassment, or a threat and that they are in immediate danger of harm. The judge will then review the evidence and determine whether to enter the Order of Protection.
At the hearing, you will have the opportunity to present your side of the story. The judge will then decide whether to dismiss the order, modify it, or issue a permanent one. If the court issues a permanent order, it will be entered into a national database accessible to law enforcement officers all over the country.
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Protective orders are a powerful tool in the state of Indiana, but they can be abused by false allegations. This is why it is important to have an Indiana defense lawyer who knows the ins and outs of this complex and emotional situation. The attorneys at Keffer Hirschauer LLP can help you understand what a Protective Order is and how to fight an Indiana Protective Order request or defend against a Protection Order that has been filed against you.
