Getting served with a protective order can feel like getting hit by a truck. One minute you’re living your life, and the next you’re told you’re legally required to stay away from someone. These situations are confusing, overwhelming, and packed with consequences that can last far beyond the hearing date. If you’re reading this because you just got served, take a breath. You’re not alone, and you’re not powerless. But you do need to take this seriously.
At the Marc Lopez Law Firm, we’ve handled more protective order hearings than we can count. We’ve seen how quickly things can spiral out of control when someone doesn’t understand what they’re up against. We’ve also seen how a solid defense can make all the difference.
Let’s walk through what you’re facing and how we can help.
What Is a Protective Order?
A protective order (sometimes called a restraining order) is a civil court order intended to protect one person from another. These cases commonly involve domestic or family violence. Under Indiana Code § 34-26-5-2, a person who is a victim of domestic or family violence, stalking, harassment, or a sex offense may petition the court for a protective order. These cases often involve exes, family members, or people who share children, but not always. The law is intentionally broad, covering various types of relationships and threats to ensure immediate protection where needed.
The protective order process is governed by Indiana Code Title 34, Article 26, Chapter 5, which lays out who can file, how hearings are conducted, and what relief a court may grant. While the statute is designed to offer legal protection to those in legitimate danger, it can also be misused. This makes it all the more important to understand your rights and find competent legal counsel to assist you with these important proceedings.
Once a protective order is issued, the terms are strict and enforceable. That means:
- You can be arrested just for contacting the other person.
- You can face criminal charges for what might otherwise be harmless communication.
- You can lose your right to possess firearms.
- You can get hit with a misdemeanor or felony if the order is violated.
Even if the claims are exaggerated, misleading, or flat-out false, once a judge grants a protective order, you’re in dangerous territory. These aren’t just family squabbles, they’re potential criminal setups.
Protective Orders Are Confidential, But the Consequences Are Real
One of the first things people don’t realize is that protective orders are confidential. Unlike criminal cases, you can’t just hop online and pull the records unless you’re the attorney of record.
This confidentiality gives the impression that the issue is private or minor, but make no mistake: the consequences are very real. If you’re co-parenting with the other party, things get even messier. Setting up exchanges for the kids could now put you in violation. You might think you’re doing the right thing, and suddenly you’re facing criminal charges.
Let us be clear: if you violate a protective order in Indiana, you may be charged with invasion of privacy under Indiana Code § 35‑46‑1‑15.1. A first violation is a Class A misdemeanor, punishable by up to one year in jail and fines up to $5,000. But if you’ve already been convicted before for invasion of privacy or stalking, you can now face a Level 6 felony, with a prison sentence ranging from six months to two‑and‑a‑half years and fines up to $10,000.
That means even an accidental message, unexpected encounter, or contact through a third party can trigger these serious charges.
Why You Need a Protective Order Attorney (Right Now)
Here’s the deal: You don’t get a do-over in protective order court. These hearings happen fast. They’re high-stakes. And they’re full of emotion.
But the law doesn’t care how emotional things are. The law cares about evidence and that’s where a good attorney can make all the difference.
Last week, our firm represented a client in a protective order hearing. The judge had already granted every protective order request that morning, until we stepped in.
We didn’t even have to put our client on the stand. We challenged the admissibility of the other side’s evidence. We forced the court to apply the rules. And because so much of their case got thrown out, the judge dismissed it before we even presented ours.
That’s called an involuntary dismissal, and it’s a powerful tool when used correctly.
Bottom line? Don’t walk into that courtroom alone and expect things to work out. The deck isn’t stacked in your favor, but it’s not un-winnable either.
Building a Defense Starts with a Conversation
When you call the Marc Lopez Law Firm, we don’t start by telling you what to do. We start by listening. We’ll review the allegations in the protective order. We’ll look at the facts. We’ll talk about your goals, your concerns, and your risks.
Depending on the situation, we might fight to have the order dismissed outright. Or maybe the smart move is to avoid putting you under oath altogether. This is especially true if criminal charges could be lurking in the background.
This isn’t about making you fit into a legal formula. It’s about crafting a strategy that works for you.
What’s at Stake If You Don’t Fight a Protective Order?
Here’s what can happen if you sit back and hope the situation just blows over:
- You could be arrested for texting your ex about the kids.
- You could face jail time for showing up at the wrong place at the wrong time.
- You could lose your right to own a firearm.
- You could end up with a criminal record that haunts you for years.
And once that protective order is in place, it’s very hard to undo.
You’re Not a Criminal, Don’t Let the System Treat You Like One
Protective orders are supposed to protect people. But when they’re misused, they can be weaponized. Maybe someone’s trying to get leverage in a custody case. Maybe it’s revenge. Maybe they genuinely believe they’re in danger, but the facts say otherwise.
Whatever the backstory, if you’ve been served with a protective order, you need someone who can fight back with facts, law, and strategy.
Let’s Talk About Your Options Before It’s Too Late
If you’ve been served, time is not on your side. You only get one shot at the hearing. Make it count.
Call the Marc Lopez Law Firm at 317-632-3642 today. We know protective orders. We know how to fight them. And we know how to help good people navigate bad situations.
And remember: always plead the 5th.