A Guide to Protecting Yourself and Your Loved Ones in Indiana

A protective (also called "restraining") order is a legal document that allows you to ask the court for help, and it gives you the power to protect yourself from someone violent or threatening towards you. A protection order can also protect your family members, children, elderly parents, and others you live with.

Unfortunately, you may need to engage legal counsel in many instances to obtain a protective order. Indiana is no different than anywhere else in the country. People come into conflict, and sometimes you need a little extra support to stay safe. Let’s review how these orders can help protect your family.

What is a Protective Order?

A protective order is a court order that says someone can’t contact you. They are often referred to as “restraining orders.” This article uses both terms interchangeably to make it easier to understand. The subject of a protective order must comply with it and cannot come within a certain distance of you or your home.

A restraining order can be used to protect you from someone who is harassing or threatening to harm you or anyone else in your life that needs protection (such as children). These are designed to provide immediate protection while allowing victims time to decide whether to pursue criminal charges against their abusers.

4 Types of Protective Orders under Indiana Statutes

There are four main types of restraining orders people can acquire in the great state of Indiana. These include:

• Criminal “No Contact” Orders - typically involve physical or threats of harm to a victim. If these threats are real enough, people can get a no-contact order, and the court may order the removal of firearms from the offender’s home.
• Trial Rule 65 Injunctions – These are the broadest tools used typically for civil procedures, designed to stop someone from performing an action.
• Domestic Protective Orders – Consider these as added protection for adults and children involved in relationships where domestic partners are abusive.
• Stalking/Sex Abuse/Harassment Protective Orders – These are self-explanatory.

The Process for Obtaining a Protective Order

A protective order is a court order that prohibits one person from contacting another person. A restraining order can also be used to prevent the accused abuser from coming within a certain distance. If you have been threatened with domestic violence, you need to understand the steps involved in obtaining a restraining order and how it works in Indiana.

The process for obtaining an Indiana domestic violence restraining order involves filing paperwork with the court, including:

• An affidavit stating why you need protection and describing any threats made against you by your abuser.
• An affidavit from any other people who have witnessed or experienced abuse by your abuser.
• Proof of past violence between the two parties (such as police reports).
• A copy of any written agreements between both parties regarding custody issues explicitly related, as well as visitation rights, if applicable.

In most cases, you want to save all paperwork involved so you have a verifiable trail of evidence should the abuse, contact, or issues continue in the future.

How Long Does a Restraining Order Last?

In Indiana, a protective order is valid for up to two years. However, if the court finds a continuing threat of violence and harm, it can issue a restraining order for a more extended period.

Who is Eligible to Apply for a Protective Order?

Anyone over 18 years old is eligible to apply for a protective order. If you are under 18, a parent or guardian can apply for you.

If a disability prevents you from speaking for yourself, then someone else may be able to talk on your behalf at the hearing.

How Do I Get a Restraining Order Issued Against Someone in Indiana?

The process is fairly simple if you need a protective order and want to know how to get one. You can call the police and tell them someone is harassing or threatening you. They will come out and talk with both parties to decide if there is a chance of harm. If so, they may immediately remove one party from the other or arrest one party, depending on the situation. If not, they may recommend going through other avenues, such as filing paperwork at your local courthouse or requesting an emergency hearing before a judge.

Protective orders are practical tools because they allow victims and their families to take control of their lives by putting the power back into their hands and away from those who have caused them harm. If you need a restraining order, ask an attorney about getting one today.

Our team at the Law Office of Mark Nicholson is experienced in the process of securing a protective order. Indiana is our home office, and we understand how to successfully navigate the local judicial system to help you remain safe, confident, and prepared to pursue further actions. Contact our office today at 317-667-0718, and let’s find a time to discuss your unique situation.