What Evidence Do You Need for a Protective Order in Indiana?
You do not need police reports, photographs or witnesses. Your own testimony, if the judge believes it, can be enough.
The standard is a preponderance of the evidence — more likely than not — which is lower than a criminal case. What actually decides most of these hearings is specificity: dates, times and exact words, rather than general impressions.
You have one hearing. It sets the next two years.
Protective order hearings move quickly and most people walk in without counsel and without their evidence organized. What you bring, and how it is presented, is what the order turns on.
People arrive at this question having been told, usually by someone well-meaning, that they need proof. That they should have called the police at the time. That without photographs it is their word against his.
None of that is the legal standard. Here is what Indiana actually requires.
What you actually have to prove
Protective orders in Indiana come from the Civil Protection Order Act at Ind. Code § 34-26-5. The burden is set by § 34-26-5-9(h):
"Upon a showing of domestic or family violence or harassment by a preponderance of the evidence, the court shall grant relief necessary to bring about a cessation of the violence or the threat of violence."
Preponderance means more likely than not — a bare tipping of the scales. Not beyond reasonable doubt. Not clear and convincing.
The same subsection also tells you what a sufficient finding means: it "means that a respondent represents a credible threat to the safety of a petitioner or a member of a petitioner's household."
In S.D. v. G.D., No. 23S-PO-89 (Ind. June 26, 2023), the Indiana Supreme Court confirmed that the trial court need only decide whether the petitioner met that preponderance burden. There is no separate balancing test to satisfy.
What counts, and against whom
Ind. Code § 34-26-5-2 sets out who may petition. Subsection (a) covers a victim of domestic or family violence, filing against either a family or household member who commits an act of domestic or family violence, or a person who has committed stalking under Ind. Code § 35-45-10-5 or a sex offense under Ind. Code § 35-42-4 against the petitioner. Subsection (b) covers a person subjected to repeated acts of harassment. Subsection (c) allows a parent or guardian to petition on behalf of a child.
The definition of domestic or family violence sits at Ind. Code § 34-6-2-34.5 and is broader than people expect. It covers attempting to cause, threatening to cause, or causing physical harm; placing a household member in fear of physical harm; causing a household member to engage involuntarily in sexual activity by force, threat of force or duress; and abusing or killing an animal to intimidate a household member. For the purposes of IC 34-26-5, it also includes stalking and sex offenses whether or not committed by a family or household member.
Note that last one in particular. Threats against a pet are recognized in the statute, and petitioners routinely leave them out because they assume they don't count.
Evidence that carries weight
In rough order of how much difference it tends to make.
- A written timeline. Dates, times, locations and what was said or done, in order. This is the single most useful thing you can produce, and almost nobody arrives with one. It also organizes your testimony so you are not recalling under pressure.
- Messages in their original form. Screenshots showing the sender, the timestamp and the full thread — not retyped, not cropped to the worst line. Context that looks removed invites the argument that something was.
- Call logs and voicemails. A pattern of forty calls in an evening tells a story no single message does.
- Photographs of injuries or damage, with dates. Phone metadata helps.
- Medical records, if you sought treatment — including where you gave a different explanation at the time. That is common and explainable.
- Witnesses who saw or heard something directly. A neighbor who heard shouting on a specific night is worth more than a friend describing your relationship generally.
- Your own testimony. Listed last only because people overvalue everything above it. If the judge believes you, it is sufficient on its own.
The timeline is the thing to build first.
Dates, times, exact words. Most people walk in with a story and leave wishing they had walked in with a document.
Three things that aren't required
A police report. Nothing in IC 34-26-5 requires one. Most incidents are never reported, and courts know that.
A criminal charge or conviction. This is a civil proceeding with a civil standard. Charges being declined does not decide it.
Recent events. § 34-26-5-13: a court "may not deny a petitioner relief … solely because of a lapse of time" between the act and the petition.
That third point is worth dwelling on. Delay does not bar the petition. It remains something the other side will argue about your credibility — "if it was that bad, why wait?" — so being ready to explain the delay is useful. But it is not a legal defense.
How the ex parte order works
Under Ind. Code § 34-26-5-9(a), on a petition showing domestic or family violence, a court may "without notice or hearing, immediately issue an order for protection ex parte." That is the emergency order that can be in place the same day you file.
But § 34-26-5-9(b) draws a line that catches people out: harassment alone cannot support an ex parte order. Where the petition rests on repeated acts of harassment rather than domestic or family violence, the court "may not, without notice and a hearing, issue an order for protection ex parte," and must hold that hearing not later than thirty days after filing.
So how you characterize what happened determines whether you get immediate relief. That is a legal question, not a formatting one.
Relief affecting parenting time under § 34-26-5-9(d)(2) requires notice and a hearing. It is not available on an ex parte order.
Petitioners with children frequently assume the emergency order settles custody arrangements too, and are blindsided when it doesn't. If children are involved, plan for the hearing rather than the filing.
What it does and how long it lasts
Under § 34-26-5-9(f), an order for protection — whether ex parte or after a hearing — and any modification of one "is effective for two (2) years after the date of issuance unless another date is ordered by the court."
Under § 34-26-5-9(g), where the respondent is required to register as a lifetime sex or violent offender and you were the victim of that offense, the order is effective indefinitely.
After notice and a hearing, § 34-26-5-9(d) also allows the court to prohibit the respondent from using or possessing a firearm, ammunition or a specified deadly weapon, and to direct surrender to a named law enforcement agency for the duration of the order.
Violating a protective order is a crime in its own right. Under Ind. Code § 35-46-1-15.1, knowingly or intentionally violating one is invasion of privacy, a Class A misdemeanor — elevated to a Level 6 felony where the person has a prior unrelated conviction under that subsection or for stalking.
There is no renewal statute in IC 34-26-5. That is worth saying plainly, because plenty of writing implies there is.
Extensions run through the state-approved form TCM-PO-0116, "Verified Petition to Extend Order for Protection," resting on § 9(f)'s "unless another date is ordered by the court." File before the order expires rather than after, and be ready to allege continuing effects, new incidents or violations.
What to gather before you file
| What to bring | What it proves | Notes |
|---|---|---|
| Written timeline | Pattern and specificity | Dates, times, locations, exact words. Build this first. |
| Original messages | Threats, admissions, contact after being asked to stop | Show sender and timestamp. Do not crop. |
| Call logs | Volume and persistence | Screenshots of the log, not a summary. |
| Photographs | Injury or damage | Dated. Keep the originals with metadata. |
| Medical records | Contemporaneous account of injury | Useful even if you gave another explanation then. |
| Witnesses | Corroboration of a specific event | Direct observation beats character evidence. |
| Evidence about a pet | Domestic violence — § 34-6-2-34.5 | Animal abuse used to intimidate is expressly covered. |
| Your own testimony | Everything | Sufficient on its own if believed. |
The standard is lower than you think. The preparation matters more than you think.
Tell us what happened and roughly when. We can help you characterize the petition correctly — which decides whether you get an ex parte order — and get your evidence into a form the court can act on.
Frequently asked questions
01Do I need a police report?
No. Nothing in Ind. Code § 34-26-5 requires one. The standard is a preponderance of the evidence, and your own testimony can satisfy it if the court finds you credible.
02What if it's my word against theirs?
That is the ordinary situation in these hearings, and courts decide them all the time. Credibility is the issue, and specificity is what builds it — dates, times and exact words, consistently told, beat a general account of a bad relationship.
03Can I get an order if it happened a year ago?
Yes. Ind. Code § 34-26-5-13 provides that a court may not deny relief solely because of a lapse of time between the act and the petition. Delay may still be argued against your credibility, so be ready to explain it — but it is not a bar.
04Will they be told where I live?
The petition forms allow for a confidential address, and Indiana also operates an address confidentiality program. Raise this before you file rather than after — it is much easier to keep an address out than to remove it later.
05What if we have children together?
Relief affecting parenting time under § 34-26-5-9(d)(2) requires notice and a hearing — it is not available on an ex parte order. If children are involved, the hearing is the event that matters, and any existing custody order continues until a court changes it.
06What happens when the two years are up?
The order expires unless the court ordered a different date. There is no renewal statute — extensions are sought on the state-approved form TCM-PO-0116, resting on § 34-26-5-9(f)'s "unless another date is ordered by the court." File before expiry, not after.
This article is general information about Indiana law, not legal advice, and reading it does not create an attorney–client relationship. Statutes change and every case turns on its own facts. Reviewed August 2026 against the 2026 edition of the Indiana Code. Attorney advertising. If you are in immediate danger, call 911.
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