The short answer? Absolutely.
If you’ve been served with a protective order in Indiana, the law gives you the chance to fight back—but there’s a deadline, and it comes fast. A protective order can turn your life upside down. It can restrict where you go, who you talk to, and even your right to own a firearm. So if someone files one against you, you need to take it seriously. The legal process might seem unfair or rushed, but that doesn’t mean you’re powerless.
Here’s what you need to know about contesting an Indiana protective order, and why calling a protective order attorney is a lot better than hoping it all just goes away.
Two Ways a Protective Order Starts
When a person files a request for a protective order in Indiana, the judge has two main options right out of the gate:
- Ex Parte Order – This is a protective order granted immediately, with no hearing and no input from you. It’s based entirely on what the petitioner claims in their paperwork. The judge can sign it into effect the same day, and you won’t even know it exists until you’re served.
- Hearing Set – In some cases, the judge will decide a hearing is necessary before making a decision. If that happens, you’ll receive a subpoena in the mail telling you when and where to appear.
Whether the order is granted up front or a hearing is scheduled, you have the right to challenge it. But if the order has already been issued against you, you only have 30 days to file a formal request for a hearing. Miss that deadline, and you may have just handed the petitioner an automatic win.
Missing the Hearing Is a Mistake
If you receive notice of a hearing, show up. Do not treat this like an optional meeting. If you ignore it, the court is likely to issue the protective order in your absence. At that point, the restrictions become legally enforceable—and violations can trigger criminal charges.
And even though a protective order is considered a civil matter, make no mistake: The hearing looks and feels like a trial.
The petitioner will present their case. They can testify. They can call witnesses. They can offer documents, messages, and other exhibits. Your side of the story only gets told if you’re there to tell it—or better yet, if your attorney is.
The Stakes Are Higher Than You Think
A lot of people make the mistake of thinking, It’s just a civil order—I’m not going to jail. That’s technically true at first, but the dominoes fall quickly:
- A protective order can bar you from seeing your children, especially if the petitioner is your ex or the other parent.
- You may be required to move out of your home, even if your name is on the lease or deed.
- You’ll likely lose your right to own or possess firearms, which becomes a criminal offense if violated.
- Any violation of the order, even accidental or minor, is a crime called Invasion of Privacy. In Indiana, that’s a Class A misdemeanor—one year in jail and up to a $5,000 fine.
Let that sink in: Something that starts as a civil matter can lead to a criminal conviction, a criminal record, and even jail time. And it doesn’t take much to get there.
Why You Shouldn’t Go It Alone
If you walk into a protective order hearing without a lawyer, you’re walking into a courtroom with no shield and no sword. Here’s what a protective order attorney can do for you:
- Cross-examine the petitioner and their witnesses to challenge the credibility of their claims.
- Object to improper evidence and ensure only relevant, admissible information is considered.
- Present your own evidence, including texts, emails, or witnesses that support your side.
- Protect your Fifth Amendment rights, especially if there’s a connected criminal case.
Let’s talk about that last part. If there’s a criminal investigation going on, everything you say in your protective order hearing can be used against you. Unlike criminal trials, where you can remain silent, civil hearings require you to speak up—or risk losing by default. A skilled attorney knows how to walk that line, defending your rights without opening you up to unnecessary legal danger.
You Have Rights—Don’t Give Them Away
You have the right to defend yourself. You have the right to be heard. And you have the right to demand that the court consider evidence before slapping you with restrictions that could change your life.
But rights only matter if you use them. If you’ve been served with a protective order—or if you think someone’s trying to get one against you—don’t wait. Time is your enemy, and silence won’t save you.
Make the Right Call
Being served with a protective order in Indiana can feel like you’re guilty until proven innocent. But you’re not alone. The Marc Lopez Law Firm has helped countless Hoosiers fight back against protective orders that were based on exaggeration, misunderstanding, or flat-out lies.
We know what’s at stake. We know the system. And we know how to fight.
Call 317-632-3642 today to speak with a protective order attorney who takes your rights seriously. Don’t gamble with your future—and remember, always plead the 5th.
