What Is a Red Flag Law or Extreme Risk Protective Order in Indiana?
A Red Flag Law allows the temporary removal of firearms when a court finds that a person is dangerous to themselves or someone else. Indiana’s version is called the Jake Laird Law, and it is found in Indiana Code Chapter 35-47-14.
Being served with a Protective Order can feel like the ground just moved under your feet. One minute, you are living your life. The next, you are being told that the State believes you may be too dangerous to possess firearms. That is a hard sentence to read, and it is an even harder accusation to live with.
In Indiana, this kind of firearm-related order is usually connected to the Jake Laird Law, our version of what many people call a Red Flag Law or Extreme Risk Protection Order. It is civil, not criminal, but do not confuse civil with harmless. A civil order can still separate you from your property, restrict your firearm rights, affect your reputation, and create new problems if you say or do the wrong thing.
If this is happening to you, the right move is not to panic, argue, post online, or explain yourself to everyone who will listen. The right move is to slow down, protect your words, and talk to a Protective Order Attorney who understands how Indiana courts handle allegations of danger, firearms, and constitutional rights.
Nationally, you may hear these orders called Extreme Risk Protection Orders. In Indiana, the language is a little different. The point is the same: law enforcement is trying to persuade a court that a person presents enough risk that the government should take custody of their firearms for a period of time.
The law is not supposed to punish someone for being unpopular, emotional, depressed, angry, recently divorced, or difficult to get along with. The issue is whether the State can prove the legal definition of dangerous. Under Indiana law, that means an imminent risk of personal injury, or a probable future risk combined with specific evidence involving untreated mental illness, violent conduct, or suicidal conduct.
Is a Red Flag Protective Order a Criminal Charge?
No. A Jake Laird Law case is a civil proceeding, not a criminal conviction. That said, it can put you in a position where one wrong move creates criminal exposure.
This is where people get tripped up. Because no one is charging them with a crime, they assume the stakes are low. Then they show up to court unprepared, treat the hearing like a casual conversation, or try to talk their way out of an allegation that should have been handled with evidence.
This is not a criminal charge. It is not a criminal conviction. It is a civil order. And while civil it can still be a temporary deprivation of your rights. In plain English, the State may not be asking for jail at the first hearing, but it is asking the court to take away something important. That is not something to wing.
If a court order says you cannot possess firearms and you decide to ignore it, the case can stop being merely civil very quickly. Don’t create a second problem while trying to survive the first one.
How Does the Jake Laird Protective Order Process Start?
In Indiana, law enforcement is involved at the front end of a Jake Laird Law case. A court may issue a warrant if an officer provides a sworn affidavit, or police may seize firearms without a warrant when they believe a dangerous situation requires immediate action.
With a warrant, the officer has to tell the court why the person is believed to be dangerous and in possession of a firearm. Without a warrant, the officer has to submit an affidavit to the court within forty-eight hours. The court then reviews the paperwork and decides whether there is probable cause to keep the firearms in law enforcement custody.
That affidavit matters. So do the facts behind it. Who made the report? What did they actually see or hear? Was there a threat, or was there an exaggeration? Was there context, history, alcohol, medication, grief, sarcasm, family conflict, or a messy breakup? Details that sound small can change the entire shape of the case.
That is why a Protective Order Attorney should start by digging into the source of the allegation, the timeline, the language used, and whether the State’s evidence actually meets the legal standard. The Marc Lopez Law Firm does not treat the petition like a formality. We treat it like a fight over rights, because that is exactly what it is.
What Happens at the Red Flag Hearing?
After a firearm seizure or warrant return, the court must hold a hearing. Indiana law says the court should make a good faith effort to hold that hearing within fourteen days, although a respondent’s request for a continuance of up to sixty days should be liberally granted.
At the hearing, the State has the burden. It must prove all material facts by clear and convincing evidence. That is a meaningful standard, and it gives your attorney room to challenge weak reports, missing context, unreliable witnesses, and assumptions dressed up as certainty.
If the court finds you dangerous, it can order law enforcement to retain the firearms, suspend your license to carry a handgun if applicable, and prohibit you from renting, receiving, owning, or possessing a firearm. The order may also be sent for transmission to NICS, which can affect future firearm purchases through licensed dealers.
If the State fails to prove its case, the court should order the firearm returned as quickly as practicable, but not later than five days after the order. Indiana law also now contains expungement and sealing provisions for certain records when the person is found not dangerous.
What Should You Do if You Were Served With a Red Flag Protective Order?
Take it seriously, even if you think the allegation is ridiculous. Your goal is not to win an argument in the hallway. Your goal is to protect your rights in court.
Start with the basics:
- Read every page of the order and save the envelope or service paperwork.
- Do not contact witnesses to straighten things out.
- Do not post about the case on Facebook, Instagram, TikTok, Reddit, or anywhere else.
- Do not surrender additional information to police just because you want to look cooperative.
- Do not possess firearms if the court has ordered you not to.
- Call the Marc Lopez Law Firm before your hearing date sneaks up on you.
There are times when cooperation is required. There are also times when talking is just a polite way to hurt yourself. If law enforcement wants a statement, if a family member wants an apology text, or if someone tells you that this will all go away if you just explain yourself, remember the rule that runs through Marc Lopez Law Firm content for a reason: plead the Fifth.
Have questions about what the order means before you make a decision you can’t undo? Call 317-632-3642 and ask the Marc Lopez Law Firm to walk you through the next step.
What Can a Red Flag Protective Order Attorney Do for You?
A Red Flag Protective Order Attorney can help you understand the allegations, prepare evidence, challenge the State’s proof, and keep you from making avoidable mistakes. In a Jake Laird Law case, preparation is not optional.
The Marc Lopez Law Firm looks for the pressure points in the case. Was the seizure lawful? Did the affidavit identify real facts or vague fears? Did the alleged threat actually happen? Was the reported conduct recent? Did the State ignore facts that make the situation less alarming? Did someone use the court system as leverage in a family dispute?
Those questions matter because a good defense is rarely one magic sentence. It is usually built piece by piece, with documents, witnesses, timelines, medical context when appropriate, digital messages, and the disciplined decision not to talk yourself into deeper trouble.
Hypothetical example: A person sends an angry text during a breakup and says something stupid. The other person calls police. The text looks terrible standing alone, but the full conversation shows frustration, not a genuine plan to hurt anyone. That context may not matter to the caller, but it can matter very much to the judge.
The lesson is simple. Don’t assume the court will automatically understand your side. Make sure your side is organized, supported, and presented by someone who knows how to fight without making the facts worse.
Can You Get Your Firearms Back After a Red Flag Protective Order?
Yes, but there is a process. At least 180 days after the court orders law enforcement to retain firearms, the individual may petition the court for a finding that they are no longer dangerous.
The burden can shift depending on timing. If the petition is filed not later than one year after the original order, the individual must prove by a preponderance of the evidence that they are no longer dangerous. If the petition is filed later than one year after the original order, the State must prove by clear and convincing evidence that the person is still dangerous.
If the court finds that the person is no longer dangerous, the court can order the firearms returned, terminate the injunction, and terminate the license suspension so the person may reapply. If the petition is denied, the person generally has to wait at least 180 days before filing another petition.
This is one more reason to involve counsel early. The record you build today can affect whether you get your rights restored later.
Why Choose Marc Lopez Law Firm for a Red Flag Protective Order Defense?
When a Protective Order threatens your firearm rights, you need more than someone who can fill out paperwork. You need a defense team that knows how prosecutors think, how judges evaluate risk, and how quickly a civil order can collide with criminal consequences.
If you are unsure whether your paperwork is a protective order, a Jake Laird Law order, or something connected to a criminal case, call the Marc Lopez Law Firm at 317-632-3642. We can help you identify what you are facing and what needs to happen next.
FAQ: Indiana Protective Orders, Red Flag Laws, and Firearm Rights
Is a Jake Laird Law order the same as a criminal charge?
No. Indiana’s Jake Laird Law is a civil process for the seizure and retention of firearms, not a criminal charge. But violating a court order involving firearm possession can create criminal problems, so treat the case seriously from day one.
Can police take my guns without charging me with a crime?
Law enforcement may seek a warrant based on a sworn affidavit, or officers may seize firearms without a warrant if they believe you are dangerous and the circumstances justify immediate action. After a warrantless seizure, an affidavit must be submitted to the court within forty-eight hours.
What does the State have to prove at the hearing?
At the initial hearing, the State has to prove the material facts by clear and convincing evidence. Your defense may focus on unreliable reports, missing context, lack of immediacy, credibility issues, and whether the legal definition of dangerous has actually been met.
If a Court takes my firearms, can I get my firearms back later?
Maybe. A person may petition for a finding that they are no longer dangerous at least 180 days after the court orders the firearms retained. The burden of proof depends on when the petition is filed.
What should I do first after being served?
Call the Marc Lopez Law Firm at 317-632-3642. Do not guess, do not post online, and do not assume the case will fix itself because you know what you meant.
Make the Right Call Before the Hearing
A Protective Order tied to Indiana’s Red Flag Law is not just paperwork. It is the State asking a judge to label you dangerous and restrict your firearm rights. You may feel angry, embarrassed, confused, or completely blindsided. Those feelings are human. They are also not a defense strategy.
The Marc Lopez Law Firm is built for moments like this. We help people slow down, understand the rules, protect their rights, and make the strongest argument the facts allow. When your rights, reputation, and future firearm ownership are on the line, waiting is not a plan.
If you were served with a Protective Order, if your firearms were seized, or if you have a Jake Laird Law hearing coming up, call the Marc Lopez Law Firm now at 317-632-3642. Get answers. Get prepared. And remember, always plead the Fifth.
