Protective Orders in Indiana: When and How to Get One
Introduction
If you’re experiencing domestic violence, harassment, or stalking, you may be wondering whether a protective order can help keep you safe. In Indiana, protective orders are designed to prevent an abuser or harasser from contacting or coming near you. These court orders can provide legal protection in cases of domestic violence, repeated harassment, or stalking—even if you’re not married to or living with the person involved.
Understanding who qualifies for a protective order, how to file for one, and what to expect during the process is crucial for ensuring your safety and legal rights. This guide explains everything you need to know about obtaining a protective order in Indiana.
What is a Protective Order?
A protective order (also known as a restraining order) is a court-issued order that restricts an individual (the respondent) from contacting, harassing, threatening, or harming another person (the petitioner). Violating a protective order can lead to criminal penalties, including arrest.
Types of Protective Orders in Indiana
Indiana law provides for several types of protective orders, including:
✔️ Domestic Violence Protective Orders – For individuals facing abuse, harassment, or threats from a spouse, former spouse, romantic partner, co-parent, or household member.
✔️ Harassment Protective Orders – For individuals experiencing repeated unwanted contact, threats, or intimidation, even without a domestic relationship.
✔️ Stalking Protective Orders – For individuals who feel threatened by repeated stalking or surveillance from another person.
✔️ Workplace Violence Protective Orders – Employers can file these orders to protect employees from workplace threats or harassment.
Who is Eligible for a Protective Order in Indiana?
To obtain a protective order in Indiana, you must be a victim of domestic violence, harassment, or stalking. Eligible individuals include:
✅ Victims of Domestic Violence – Spouses, former spouses, co-parents, household members, or family members who experience physical abuse, threats, harassment, or stalking.
✅ Victims of Harassment – Anyone experiencing unwanted, repeated contact that causes fear or distress.
✅ Victims of Stalking – Individuals being followed, monitored, or threatened in a way that causes them to fear for their safety.
✅ Parents Filing on Behalf of Minors – A parent or guardian can request a protective order for a child under 18 years old.
Grounds for Obtaining a Protective Order
A judge may grant a protective order if you can show that the other party has engaged in:
📌 Physical abuse – Hitting, pushing, choking, or any form of physical violence.
📌 Threats of harm – Verbal, written, or implied threats that cause fear.
📌 Harassment – Repeated, unwanted calls, texts, emails, or showing up at your home or workplace.
📌 Stalking – Following, watching, or threatening behavior that causes fear.
📌 Sexual violence – Any form of sexual abuse or assault.
To strengthen your case, document all incidents, including text messages, voicemails, emails, photos, and witness statements.
How to Get a Protective Order in Indiana
The process of obtaining a protective order in Indiana includes three main steps:
1. Filing a Petition
To file for a protective order, you must submit a Petition for an Order of Protection to the court. You will need to provide:
📌 Your personal information and relationship to the respondent.
📌 A description of the abuse, harassment, or stalking you’ve experienced.
📌 Evidence (if available), such as police reports, medical records, or witness statements.
This petition can be filed at your local county courthouse or online through Indiana’s electronic filing system.
2. Ex Parte Protective Order (Temporary Order)
Once you file your petition, a judge may issue an ex parte protective order—a temporary order that takes effect immediately without notifying the respondent.
🔹 When is an ex parte order granted? If the judge determines there is an immediate risk of harm, they can issue an ex parte order that remains in place until a hearing is held.
🔹 If an ex parte order is denied, the court may schedule a hearing before making a decision.
3. Protective Order Hearing
If a hearing is required, both you and the respondent will have the opportunity to present evidence. The judge will consider:
✔️ Your testimony and supporting evidence.
✔️ Any police or medical reports documenting the abuse.
✔️ The respondent’s defense, if they contest the order.
After the hearing, the judge will decide whether to issue a final protective order, which can last for up to two years.
What Does a Protective Order Do?
A protective order can include various restrictions, such as:
🚫 No contact – The respondent cannot contact you in any way (phone, text, email, social media).
🏠 Stay-away order – The respondent must stay away from your home, workplace, or school.
🚓 No firearms – The respondent may be ordered to surrender firearms.
👶 Custody and visitation restrictions – The order may affect parenting time if children are involved.
What Happens If Someone Violates a Protective Order?
Violating a protective order is a criminal offense in Indiana. Consequences for violating an order may include:
🚔 Immediate arrest – Law enforcement can arrest the respondent without a warrant.
💰 Fines and penalties – Violators may face court fines and legal consequences.
⛓️ Jail time – A respondent can be sentenced to jail for violating the order.
If the respondent violates your order, call 911 immediately and report the incident to law enforcement.
Safety Planning for Victims
A protective order is a legal tool, but it may not always guarantee physical safety. Consider these additional safety measures:
✔️ Change your locks and security codes.
✔️ Inform trusted family members, coworkers, or neighbors about your situation.
✔️ Develop a safety plan in case of an emergency.
✔️ Save evidence of violations (texts, emails, or security footage).
✔️ Contact a domestic violence organization for resources and support.
For free and confidential support, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233).
Legal Representation is Crucial
Navigating the legal system alone can be overwhelming. An experienced Indiana family law attorney can:
✔️ Help you file for a protective order correctly and efficiently.
✔️ Represent you at the protective order hearing.
✔️ Ensure your safety and rights are fully protected.
📞 Need a protective order? Contact Vining Legal at (317) 759-3225 or schedule a consultation today.
Conclusion
Protective orders are a critical tool for safeguarding individuals from domestic violence, harassment, and stalking. If you believe you need a protective order, it’s essential to act quickly and seek legal advice to ensure your safety and the success of your petition.
🚀 Take action today! Call Vining Legal at (317) 759-3225 or schedule a consultation to discuss your case.
