Being served with a restraining order is stressful. In Indiana, these are called protective orders, and when children are involved, the panic sets in fast. One of the first questions we hear at the Marc Lopez Law Firm is:
“Will this protective order keep me from seeing my kids?”
The short answer is: it can, but not automatically, and not in every case. Indiana law treats protective orders, custody, and parenting time as related but separate issues. Understanding how they overlap is the key to protecting your rights.
This article breaks down what you need to know, what courts consider, and why hiring a criminal defense attorney quickly can make a major difference.
What Is a Protective Order in Indiana?
Indiana’s Civil Protective Order Act is found under Indiana Code 34-26-5. These orders are civil in nature, but violating one can trigger criminal charges under IC 35-46-1-15.1 (Invasion of Privacy).
A protective order is designed to:
- prevent contact
- restrict communication
- prohibit threatening or violent behavior
It is not designed to decide custody.
But a protective order can affect custody and parenting time when allegations involve the children or when a judge believes contact may put them at risk.
Does a Protective Order Automatically Change Custody or Parenting Time?
No.
A protective order does not replace a custody order and does not, by itself, decide who gets the kids.
Parenting time, custody, and long-term parenting decisions belong in the family law courts, not the protective order court.
However…
A granted protective order can still limit your ability to see your children, especially if:
- the children were present during the alleged incident
- the allegations suggest the children could be harmed
- the family law court already has concerns about safety or stability
Judges are required to prioritize the best interests of the child, and protective order allegations can influence their decisions.
What Factors Will a Judge Look At?
Every case is different, but courts commonly review:
1. Were the children present during the alleged conduct?
If the children saw or heard the incident, the judge may be more willing to restrict contact.
2. Were the children directly involved?
Physical or emotional harm even alleged raises serious concerns.
3. What does the current custody order say?
If your existing parenting time is structured or supervised, protective order judges often defer to the family court’s design.
4. Is there an open family law case?
If you already have a divorce, custody action, or paternity case pending, the protective order should usually be transferred to that courtroom. That judge knows the family dynamics and is better positioned to make parenting decisions.
5. Are there safety concerns?
If the allegations involve domestic violence (referenced under IC 35-42-2-1.3 for domestic battery), judges take a more cautious approach, especially if the children were nearby.
When Criminal and Family Law Overlap
It’s common for someone to have:
- a protective order in one court
- a custody case in family court
- and possible criminal charges in another court
This overlap is confusing, but it can work in your favor.
If you have an ongoing family law case, your attorney can request that the protective order be consolidated or transferred to that judge. Family court judges understand the full picture much better than a protective order court seeing you for the first time.
This increases your chances of maintaining parenting time during the protective order process.
Can Parenting Time Be Limited While a Protective Order Is Active?
Yes. A judge may:
- restrict parenting time
- require supervised visits
- temporarily suspend visitation
- follow the current family law order as-is
- leave the matter entirely to the family court judge
Protective order judges often say something like:
“Parenting time will be set or modified by the family court handling the custody case.”
This means your ability to see your children may depend more on your family law judge than the protective order judge.
Why You Need a Criminal Defense Attorney Immediately
Protective orders are civil, but the consequences become criminal the moment you violate one. Under IC 35-46-1-15.1, even accidental contact can lead to arrest.
An experienced criminal defense attorney can:
- challenge the protective order
- work with your family law attorney
- prevent unnecessary parenting time restrictions
- negotiate modifications
- defend you from related criminal allegations
When children are involved, you can’t afford mistakes. A single misstep, one text message, one handoff gone wrong, can change everything.
Call the Marc Lopez Law Firm Today
If you’ve been served with a protective order, or if you need to file one for your own safety, contact the Marc Lopez Law Firm at 317-632-3642.
We help clients:
- protect their rights
- safeguard parenting time
- avoid criminal charges
- navigate both criminal and family courts
You don’t have to go through this alone. Call today and let us walk you through your options.
And remember: always plead the Fifth.
