In Indiana, individuals are able to request civil protection orders against another individual if necessary, for certain purposes. Indiana law allows a civil protection order to be put in place against another individual if certain thresholds are met. In this post, we will explore those situations where you or a loved one may be able to file for a civil protection order.
An individual is eligible to file a protection order against another person in one of the following scenarios:
- Against a family or household member who has committed an act of domestic or family violence against them;
- Against a person who has committed stalking or a sex offense against them; or
- Against a person who has harassed them.
A parent, guardian, or another representative may file a protection order on behalf of a child in the same scenarios as listed above, in addition to against a person who has engaged in a course of conduct that involves repeated or continued contact with a child that is intended to prepare or condition the child for sexual activity.
When a protection order request is filed, the Court has the authority to grant it immediately for up to two years. If this is done, this will typically be titled an “Ex Parte Order for Protection”. Having a Court issue an Ex Parte Order for Protection does not prohibit the person against whom the Order was issued from challenging it. In some situations, depending on the relief that the person who filed the protection order has requested, the Court is required to set the matter for a hearing. In other situations, no hearing is required unless the person against whom the protection order has been filed requests one. In either case, the Court is required to set a hearing no later than thirty days after the petition for the protection order was filed.
If the Court sets a hearing on a protection order case, both parties to the case are able to present evidence to support their position. It is not uncommon for evidence to include things such as testimony from the parties and other potential witnesses. Other forms of evidence that are typically used in protection order cases include documentation, such as text messages, email communications, phone call logs and voicemails, photographs, and other direct messaging including through various social media platforms. In some cases, parties to the case may even have documentation from physicians, law enforcement, therapists, and other similar providers.
In most cases, testimony from the two parties is the main piece of evidence. Because of how little time between the filing of the request for the protection order and the hearing there is, it is important to properly prepare for the hearing as soon as practical. Speaking with an attorney early on when a petition has been filed can be an important step in helping gather evidence and focusing in on the key facts that will be testified about in court.
If you or someone you know needs assistance in pursuing or defending against a protection order, consulting with an attorney regarding your case can be helpful. The attorneys at Banks & Brower, LLC can help with your case. Give us a call at (317)-870-0019 to help you navigate your case.
