Navigating a Protective Order: Your Rights and Next Steps
Being served with a protective order can feel overwhelming. You might have questions about what it means, how it affects your life, and what steps you should take next. Many people mistakenly believe that protective orders are just civil matters with no real consequences. That’s far from the truth. A protective order can impact your employment, restrict your rights, and even lead to criminal charges if you violate it.
At The Marc Lopez Law Firm, we know how high the stakes are. Whether you need to defend yourself against a protective order or seek one for your own safety, we’re here to help.
What Is a Protective Order in Indiana?
A protective order (commonly known as a restraining order) is a legal document issued by a court that restricts one person from contacting or being near another person. These orders are typically granted in cases of:
- Domestic violence
- Harassment or stalking
- Sexual assault
- Threats of harm
In Indiana, a protective order can prohibit contact, require the respondent to stay away from certain places, and even restrict firearm possession. The goal is to protect the petitioner from further harm or harassment.
What Happens When You Are Served a Protective Order?
If you’ve been served a protective order, the first step is to read the order carefully. Every protective order is unique, and you need to know exactly what it requires of you. Violating any part of the order—even by accident—can lead to criminal charges.
Key Steps to Take Immediately:
- Follow the order completely. Even if you think the order is unfair, you must comply with it.
- Do not contact the petitioner. This includes texts, calls, emails, and social media.
- Gather any evidence related to your case. If the claims are false, documentation can help prove your innocence.
- Contact a protective order attorney immediately. A skilled lawyer can help you understand your options and build a strong defense.
The Legal Consequences of a Protective Order
Many people assume that a protective order is only a civil matter. While that’s technically true, violating a protective order is a criminal offense in Indiana. Depending on the circumstances, a violation could result in:
- Arrest and criminal charges
- Fines and jail time
- A permanent criminal record
- Employment and housing challenges
Additionally, a protective order may impact child custody arrangements. If you share children with the petitioner, the order could affect your ability to see them. This is why having an attorney on your side is critical.
How We Help Clients Facing Protective Orders
At The Marc Lopez Law Firm, we handle protective orders from both sides—we help respondents defend against false claims and assist petitioners in securing protection.
Case Study: A Protective Order for a Harassed Neighbor
Recently, we represented a client in Boone County who was dealing with extreme harassment from a neighbor. Our client and their children were subjected to repeated verbal abuse, name-calling, and harassment. The situation made their home life unbearable.
With our help, our client was able to secure a protective order that prohibited their neighbor from any further harassment. While we couldn’t force the neighbor to move, we were able to establish legal boundaries that helped restore peace to our client’s home.
If you are experiencing harassment or threats, we can help you obtain a protective order to protect yourself and your family.
How to Fight a Protective Order
If you’ve been served a protective order, you do have the right to fight it. A protective order attorney can help by:
- Challenging false allegations with evidence
- Ensuring your side of the story is heard in court
- Requesting modifications to the order if necessary
- Defending you against any criminal charges related to the order
The sooner you contact an attorney, the better your chances of getting the order dismissed or modified.
Make The Right Call
Whether you need to fight a protective order or file one for protection, The Marc Lopez Law Firm is ready to help. Don’t wait—acting fast can make all the difference in your case. Call us today at 317-632-3642, and remember—always plead the Fifth!