Protective orders in Indiana, while civil in nature, can have substantial personal and legal impacts. For those considering filing or defending against a protective order, understanding the details can be crucial. Here, we’ll walk through the essentials of Indiana protective orders, the court process, and why having a knowledgeable attorney can make a difference in your case outcome.
What Is a Protective Order in Indiana?
A protective order, also known as a restraining order, is a civil order intended to prevent one person from contacting or coming near another. In Indiana, you don’t need police involvement or a criminal charge to request one. Common reasons for filing include domestic violence, stalking, or repeated harassment, and a protective order can be sought by the victim or, in the case of a minor, by their parent or guardian.
Key Facts About Indiana Protective Orders
Unlike criminal charges, protective orders are civil proceedings. However, they still carry serious consequences. Here are a few things you should know:
- Where to File: Protective orders should be filed in the county where the petitioner (the person seeking protection) resides.
- Communication Restrictions: If granted, a protective order typically prohibits any contact with the petitioner, including through phone calls, social media, or emails. For parents with shared children, this can affect your ability to communicate with your children if they live with the petitioner.
- Impact on Firearms: Having a protective order against you may also mean losing the legal right to own firearms, even though you haven’t been convicted of a crime.
Case Example: Protective Orders and Child Custody
Recently, our client, a father in the process of divorce, faced a protective order filed by his ex-wife on behalf of their child. She alleged that the father had committed acts of violence against the child, requesting a protective order that would prohibit all contact. In cases like this, hearings play a crucial role. The petitioner must present evidence to justify the protective order, often requiring testimony from witnesses—sometimes even the child, which can be emotionally taxing.
In this case, the child did not appear in court, leaving the ex-wife to rely on hearsay from others. With no direct evidence or testimony to substantiate the allegations, the court ultimately dismissed the protective order. For our client, this victory meant he could continue to see his child and avoid a restriction on firearm ownership.
Why an Attorney Matters in Protective Order Cases
Protective orders can have wide-ranging implications, particularly when children are involved or allegations are based on unsubstantiated claims. Here are some reasons why consulting an attorney is essential:
- Evidence and Presentation: Protective order hearings operate similarly to trials, where presenting strong evidence and effectively questioning witnesses can make or break a case.
- Understanding Legal Rights and Impacts: An experienced attorney will help you understand the full scope of a protective order, including its effect on your family relationships and rights to firearm ownership.
- Navigating Complex Emotional Issues: Cases involving children or family disputes are often sensitive, and an attorney can help present your case without inflaming emotions or causing unnecessary tension.
If You’re Facing a Protective Order, Take Action
Facing a protective order in Indiana is a serious matter. While it’s not a criminal charge, the restrictions and repercussions can be substantial. If someone files a protective order against you, especially involving children, don’t go it alone. The right attorney will protect your rights and work to achieve the best possible outcome for your situation.
Contact the Marc Lopez Law Firm
Whether you’re considering filing a protective order or need help defending against one, our team at the Marc Lopez Law Firm has the experience to guide you. Contact us at 317-632-3642 for a consultation, and remember—always Plead the Fifth!
