Resource for a Recourse: Online Resource Center for Survivors of Abuse

INDIANA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

"Domestic" or "family violence" means, except for an act of self-defense, the occurrence of one or more of the following acts committed by a "family or household member":

Attempting to cause, threatening to cause, or causing physical harm to another family or household member
Placing another in fear of serious physical harm
Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress

The definition of "domestic" or "family violence" also includes stalking and sex offenses. Indiana law treats stalking and sex offense as acts of domestic violence, even when the person who committed them is not a "household or family member."

Sexual offense, including:

actual or attempted rape
child molestation or exploitation
sexual misconduct with a minor (age 16 and under)
other sexual offenses

Stalking is a pattern of behavior. It includes two or more incidents of:

Intentional and repeated harassment
Conduct that causes a person to feel frightened, intimidated or threatened

In Indiana, you can seek legal protection from acts of abuse done to you or your minor child by:

a current or former spouse
a person with whom you have or had a dating and/or sexual relationship
a relative by blood or adoption
a present or former relative by marriage
a person who has or had a legal relationship to you, including as a guardian, ward, custodian or foster parent
an individual with whom you have a child in common
a minor child of a person in any of the above relationships

You can also file for an Order for Protection against people who have committed stalking or a sex offense against you or your minor child. The person who committed the stalking or sex offense does not have to be a household or family member.

Note: Same-sex partners should be able to file due to the legal definitions.

Types of protective orders:

Ex Parte Orders for Protection

In order to get an Ex Parte Order, you must prove to the court that you, a family or household member, or your property is in immediate danger from the abuser. Ex parte orders are filed without your abuser's knowledge and without his presence in the courtroom. A court will consider your Petition for an ex-parte order immediately upon your filing it. Ex parte orders can last for up to two years, or until another date specified by the judge. As soon as an ex parte order is issued, your abuser will be notified that you have an order against him. An abuser has 30 days to request a hearing upon service of an Ex parte Order for Protection. An Ex parte Order for Protection will usually last for up to two years, or until the date of a hearing, if one is required by law or is requested by your abuser.
(IC-34-26-5-10)

Final Orders for Protection

A final Order for Protection can only be issued after a court hearing in which you and the abuser both have a chance to tell your sides of the story. You must attend that hearing. If you do not go to the hearing, your ex parte order may expire and you will have to start the process over. A final order will last for up to two years, unless otherwise stated. Orders may also be extended.

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Benefits:

A judge can order the following in an ex parte Order for Protection. A hearing is not necessary unless your abuser requests one. A judge may:

Prohibit your abuser from committing, or threatening to commit, acts of domestic or family violence, stalking, or sex offenses against you and your family or household members.
Prohibit the abuser from harassing or annoying you through:

telephoning
direct contact
indirect contact

Order your abuser to stay away from:

your residence
your school
your place of employment
other places where you and your family or household members usually go

Additionally, with a hearing, the judge may:

Evict the abuser from your home
Order the abuser to give you possession and use of:

A home you both share
A car or other motor vehicle
Other necessary personal items

Additional forms of relief that the judge believes are necessary in order for you to be free from the violence

After a final hearing, a judge may:

Order your abuser to pay you money for various expenses, including:

Attorney fees
Rent/mortgage payments
Child support and maintenance
Medical expenses
Counseling and/or shelter
Repair or replacement of damaged property

Establish parenting time rules, such as:

Requiring supervised parenting time between your abuser and your child
Denying parenting time altogether

Prohibit your abuser from possessing firearms, ammunition, or deadly weapons

If your abuser owns a firearm, ammunition, or a deadly weapon, the judge may order the him to surrender those items to a local law enforcement agency for the duration of your protection order

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Costs:

There is no filing fee to get an Order for Protection or to get an out of state Order for Protection.

Although you do not need a lawyer to file for an Order for Protection, it may be to your advantage to seek legal counsel. This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

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Violations:

Call the police, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. A judge can punish someone for being in contempt of court. In addition, the police can arrest him. If they witnessed the violation or have probable cause to believe the violation occurred, they may arrest him. If the police are not involved or do not arrest him or file a criminal complaint against him, you still have the right to go to court and take out a criminal complaint against him.

It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.

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