Violating a Protective Order in Indiana: Penalties and Defenses
Protective orders exist to safeguard individuals from harassment, stalking, domestic violence, and threats. In Indiana, violating a protective order is a serious offense that can lead to criminal charges, fines, and even jail time. Whether the violation was intentional or accidental, courts take these matters seriously.
If you or someone you know is facing allegations of violating a protective order in Indiana, it is crucial to understand the laws, potential penalties, and legal defenses available. This guide will break down how protective orders work, what happens when they are violated, and how to protect your legal rights.
What is a Protective Order in Indiana?
A protective order, also known as a restraining order, is a legal document issued by the court to prevent one person from contacting or harming another. These orders are commonly used in cases involving:
✅ Domestic violence
✅ Stalking or harassment
✅ Threats or intimidation
✅ Workplace violence
A protective order prohibits certain actions, such as:
🚫 Contacting the protected person (in person, by phone, text, email, or social media)
🚫 Approaching the protected person’s home, workplace, or school
🚫 Possessing firearms
🚫 Harassing, threatening, or intimidating the protected person
Violating these restrictions—even unintentionally—can result in criminal charges.
How Protective Orders Are Issued in Indiana
Protective orders are issued after a legal process that involves:
1. Filing a Petition
The victim (or "petitioner") files a petition for a protective order with the court. The petition must include details about the alleged harassment, abuse, or threats.
2. Ex Parte Order (Temporary Protective Order)
In urgent situations, a judge may grant an ex parte protective order without a hearing. This order is temporary and remains in place until a full court hearing is held.
3. Protective Order Hearing
The court schedules a hearing where both the petitioner and respondent (the person the order is against) can present evidence. The judge then decides whether to extend, modify, or dismiss the protective order.
4. Final Protective Order
If granted, a final protective order remains in effect for up to two years (or longer in some cases).
🖥️ Protective Orders Can Be E-Filed:
In Indiana, protective orders can be filed electronically through the Indiana court e-filing system: Indiana E-Filing for Protection Orders
How Protective Orders Can Be Violated
Even if a protective order is in place, violations are more common than people think. A protective order can be violated in multiple ways, including:
🚨 Direct Contact – Calling, texting, emailing, or visiting the protected person.
🚨 Indirect Contact – Sending messages through a third party or on social media.
🚨 Being Within a Prohibited Distance – Coming too close to the protected person's home, workplace, or school.
🚨 Possessing Firearms – Many protective orders prohibit gun ownership.
🚨 Continuing Threats or Harassment – Any repeated contact, threats, or intimidation.
Even if the protected person initiates contact, it does not excuse a violation. Only the court can modify or remove a protective order.
Penalties for Violating a Protective Order in Indiana
Indiana law strictly enforces protective orders. A violation can result in:
⚖️ Class A Misdemeanor – Up to 1 year in jail and $5,000 in fines.
⚖️ Level 6 Felony – If the violation involves repeat offenses, a deadly weapon, or other aggravating factors, penalties increase to 6 months – 2.5 years in prison and fines up to $10,000.
⚖️ Additional Criminal Charges – Depending on the situation, violating a protective order can lead to charges such as harassment, stalking, intimidation, or domestic battery.
🚔 Immediate Arrest: In many cases, law enforcement will arrest the violator on the spot without the need for a warrant.
Defenses to Protective Order Violations
If you are accused of violating a protective order, you do have legal defenses. A skilled criminal defense attorney can challenge the allegations and help you avoid harsh penalties.
✔️ Lack of Knowledge – If you were not properly served or notified of the protective order, you may have a defense.
✔️ Unintentional Violation – If the violation was accidental (e.g., you ran into the protected person unexpectedly), it may not warrant criminal penalties.
✔️ False Accusations – If the protected person falsely claims a violation occurred, your attorney can challenge the evidence.
✔️ Contact Was Legally Allowed – If you had court-approved contact (e.g., child custody exchanges), it may not be a violation.
✔️ Modification of the Order – If the protected person invited contact but failed to have the order modified, it does not justify a violation. However, it can be used as mitigating evidence.
Even if you did violate the order, an attorney may be able to negotiate reduced penalties or probation alternatives to avoid jail time.
What to Do If You Are Accused of Violating a Protective Order
If you are facing charges for violating a protective order, take these steps immediately:
✅ DO NOT contact the protected person. Even if they reached out first, any response could be used against you.
✅ DO NOT ignore the charges. Protective order violations are serious and can result in jail time.
✅ DO consult an attorney. An experienced criminal defense lawyer can protect your rights, challenge the evidence, and work toward the best possible outcome.
📞 Facing a protective order violation in Indiana? Call Vining Legal at (317) 759-3225 or schedule a consultation today.
Conclusion
Protective orders serve an important purpose, but violating one—intentionally or not—can have serious legal consequences. If you have a protective order against you, it is crucial to fully understand its restrictions and take action if you are accused of violating it.
💡 Key Takeaways:
✔️ Protective orders restrict contact and behavior in cases of domestic violence, harassment, or stalking.
✔️ Violating a protective order is a criminal offense in Indiana and can result in jail time and fines.
✔️ Legal defenses exist, including lack of knowledge, accidental contact, or false allegations.
✔️ If accused, seek legal counsel immediately to protect your rights.
🚀 Don’t wait—call Vining Legal at (317) 759-3225 or schedule a consultation for expert legal representation today.