Indiana Code 34-26-5-2 outlines the requirements for obtaining a protective order, also known as a restraining order, in Indiana. Protective orders are legal orders issued by a court to protect individuals who have experienced domestic or family violence against a:
- Family or household member who commits an act of domestic or family violence against the petitioner;
- Person who has committed stalking against the petitioner;
- Person who has committed a sex offense against the petitioner; or
- A person who is or has been subjected to harassment may also file a petition for an order for protection against a person who has committed repeated acts of harassment against the petitioner.
A parent, guardian, or another representative may file a petition for an order of protection on behalf of a child against a:
- Family or household member who commits and act of domestic or family violence against the child
- Person who has committed stalking against the child;
- Person who has committed a sex offense against the child;
- Person who has committed repeated acts of harassment against the child; or
- Person who engaged in a course of conduct involving repeated or continuing contact with a child that is intended to prepare or condition a child for sexual activity.
To obtain a protective order under Indiana Code 34-26-5-2, the petitioner must file a petition with the court. The petition must include specific information, such as the names of the parties, the nature of the alleged violence, and the requested relief. The petitioner must also provide evidence to support their allegation, such as police reports, medical records, or witness statements.
If it appears from a petition for an order for protection that domestic or family violence has occurred, a court may, without notice or hearing, immediately issue an order for protection ex parte. The court may also set the matter for hearing.
If the petition alleges that only harassment has occurred then the court must set it for a hearing not later than 30 days after the petition has been filed with the court.
At a hearing, the petitioner must present evidence to prove by a preponderance of the evidence, that they have experienced domestic or family violence, stalking, a sex offense, or harassment from the respondent. The petitioner must also show that the requested relief, such as no contact with the respondent or an order for the respondent to vacate the petitioner’s home, is necessary to protect them from harm.
Any order for protection issued ex parte or after a hearing is effective 2 years after the date of issuance unless another date is ordered by the court.
By providing this legal protection, Indiana aims to prevent domestic and family violence and to promote the safety and well being of its residents.
If you or someone you know has a Protective Order against them or wants to file an Order you call Banks & Brower 24/7 365. Our attorneys have the experience in fighting against these types of orders.