Worried About a Protective Order and Your Kids? Here’s What You Need to Know
When you’re served with a protective order in Indiana, the impact can be immediate and devastating, especially when children are involved. Judges can make custody decisions right there on the spot, sometimes without hearing your side of the story. If you’re asking yourself, How will this affect my ability to see my kids?, the answer is simple: It absolutely can, and often does.
Protective orders are issued under Indiana Code 34-26-5 and are designed to prevent domestic violence. But in practice, they can also be used to control who lives in the home, who gets temporary custody of the children, and who pays the bills regardless of whether you’ve been criminally charged.
Can a Protective Order Take Away My Custody Rights?
Yes. A judge issuing a protective order can:
- Ban you from contacting or seeing your children.
- Force you to move out of your home.
- Order you to continue paying rent or mortgage.
- Require you to pay child support even while being denied visitation.
If children are listed in the order, your parental rights are on the line.
This isn’t a hypothetical risk. We’ve seen protective orders weaponized in custody disputes. They’re supposed to protect, but they can also be misused.
What Should You Do if You’re Served with a Protective Order?
- Read the order immediately. Don’t assume you know what it says.
- Pay attention to the details. Where are you allowed to go? Who can you contact? Are your children included?
- If there’s a current custody case, contact your family law attorney immediately.
- If there’s no family law case, call us. We’ll help you figure out your next step.
Judges handling protective orders aren’t focused on long-term family planning. Their job is short-term protection. If there’s no open family law case, they’ll do their best, but their decisions can have long-lasting effects.
Can a Protective Order Turn Into Criminal Charges?
Absolutely. It’s easy to violate a protective order without even realizing it. One wrong step, a phone call, a message, showing up in the wrong place, and suddenly you’re facing a criminal case.
This is not the time to take chances.
Why You Need a Criminal Defense Attorney Now
Even if you don’t feel scared, this situation is serious. Protective orders can change your family life overnight, and they can snowball into criminal charges before you even realize what’s happening.
At the Marc Lopez Law Firm, we’ve helped clients navigate the chaos that comes with protective orders. We understand how high the stakes are, and we’re here to make sure your rights are protected every step of the way.
Make the Right Call
If you’ve been served with a protective order in Indiana and don’t know what comes next, call the Marc Lopez Law Firm at 317-632-3642. We’ll walk you through it and help you understand what’s at stake.
And remember, always plead the 5th.
