If you’ve been served with a protective order—sometimes called a restraining order—you’re probably feeling a mix of shock, confusion, and frustration. You might be asking yourself, What does this mean? Can I fight it? Am I going to jail? If you’re in Indiana, this blog will give you the breakdown of what you’re up against and why you don’t want to face it alone.
At the Marc Lopez Law Firm, we’ve helped countless clients navigate the murky waters of protective order cases. Whether you’re dealing with false allegations, misunderstandings, or a messy breakup, we’re here to help.
What Is a Protective Order?
A protective order (also known as a restraining order) is a civil court order designed to prevent one person from contacting another. In Indiana, the person asking for the protective order is called the petitioner. The person it’s filed against—you, if you’ve been served—is the respondent.
Once a protective order is granted, it can stop you from calling, texting, emailing, or otherwise communicating with the petitioner. It can also kick you out of your home, keep you away from your kids, and show up on background checks. And yes—violating it can land you in jail, even though it’s technically a civil matter.
Who Can File for a Protective Order in Indiana?
Indiana law gives a few different pathways for someone to seek a protective order. The most common are:
1. Domestic or Family Violence
This applies when the alleged abuser is a family or household member—which includes anyone related by blood or marriage, someone you’ve lived with, or even someone you’ve dated.
The courts define family violence broadly. It doesn’t just mean someone threw a punch. It could be a threat, an argument that got heated, or a situation that made the other person feel afraid.
2. Stalking
Stalking doesn’t require a family or romantic relationship. According to Indiana Code, stalking is a knowing or intentional course of conduct that causes a reasonable person to feel frightened, threatened, or intimidated—and that actually causes those feelings.
The key words here are repeated and harassment. If you sent multiple unwanted messages or showed up somewhere more than once, that can be enough for the court to get involved.
3. Harassment
Harassment under Indiana law means repeated behavior that’s impermissible and causes emotional distress. If the petitioner claims that your actions made them feel emotionally rattled—and if they can back it up—the court may decide a protective order is necessary.
What Happens After a Protective Order Is Filed?
Once a petitioner files for a protective order, the judge has two choices:
Option 1: Grant It Without a Hearing (Ex Parte)
This is exactly what it sounds like: One side tells their story, and the judge issues a protective order without giving you a chance to respond. This happens more often than you might think.
If that happens, don’t panic. You have 30 days to file for a hearing and challenge the order.
Option 2: Set a Hearing from the Start
If the judge wants more information, the court will schedule a hearing. You’ll receive notice in the mail, and you’ll have your day in court.
Regardless of which path the judge takes, you absolutely have the right to fight back.
Why You Need to Fight a Protective Order
A lot of people make the mistake of thinking a protective order isn’t a big deal because it’s not criminal. But here’s the truth: A protective order can mess with your life in ways you don’t expect.
Here’s what a granted restraining order can do:
- Set you up from criminal charges in the future (invasion of privacy)
- Appear on background checks (which can cost you a job)
- Limit or eliminate custody and parenting time
- Restrict your ability to own or carry firearms
- Be used against you in criminal or divorce proceedings
Even if you don’t plan on violating it, even if you think it’s all a misunderstanding—you’re better off fighting it now than dealing with the fallout later.
What Happens at the Hearing?
A protective order hearing is a lot like a mini trial. Both sides get to:
- Present evidence
- Call witnesses
- Cross-examine each other
- Testify
But unlike a full-blown criminal trial, the burden of proof is lower. Instead of “beyond a reasonable doubt,” the petitioner only needs to show that it’s more likely than not that what they’re saying is true.
And here’s the kicker: Judges tend to err on the side of caution. If the petitioner shows up emotional and you show up unprepared, the judge might decide it’s safer to issue the order—even if the evidence is shaky.
The Importance of Having a Restraining Order Attorney
You might think you can explain everything clearly on your own. You might even believe the truth will speak for itself.
Don’t bet your future on that.
Protective order cases are emotional and complicated. Without legal representation, you’re at a huge disadvantage. A skilled restraining order attorney can:
- Identify weaknesses in the petitioner’s story
- Challenge the legal basis of the order
- Keep the hearing focused on facts (not feelings)
- Ensure your rights are protected
- Push for dismissal or a favorable resolution
And if there’s a chance this case could turn criminal—or be tied to a custody battle—then having an attorney isn’t just helpful. It’s essential.
Common Misconceptions About Protective Orders
Let’s clear up a few myths right now:
“It’s just a misunderstanding. I’ll talk to them and clear it up.”
No. If a protective order is in place, any contact—even a friendly text—can lead to criminal charges for invasion of privacy. Even if the petitioner contacts you, it’s still illegal for you to respond.
“I’ll just ignore it. It’s not a criminal case.”
Ignoring a protective order is like ignoring a court summons. It won’t make the problem go away—in fact, it can make things worse. Show up. Fight it. Be smart.
“I didn’t do anything wrong.”
Maybe not. But protective orders aren’t about criminal guilt. They’re about one person convincing a judge they need protection. If you don’t fight the order, it goes on your record either way.
Real Talk: What Can Go Wrong?
We’ve seen it too many times. A client didn’t think a protective order was serious—until they lost visitation rights. Or they didn’t know an ex parte order had been granted—and got arrested for texting their ex back. Or they figured it would be dismissed—until the judge granted it and now it shows up every time they apply for a job or housing.
The bottom line? Protective orders are serious. Treat them that way.
Don’t Wait. Call Us Today.
If you’ve been served with a restraining order in Indiana, don’t try to go it alone. You need someone who understands the law, knows the judges, and can fight back effectively. At the Marc Lopez Law Firm, we know the system inside and out—and we know how to protect your rights.
Our attorneys have years of experience handling protective order cases, and we’ve seen just about every trick in the book. Whether the allegations are false, exaggerated, or taken out of context, we can help you push back.
Let’s talk about your case, your options, and your best next move. Give us a call today at 317-632-3642, and remember—always Plead the Fifth!
