INDIANA ATTORNEY: INDIANA PROTECTIVE ORDERS AND NO CONTACT ORDERS

INDIANA PROTECTIVE ORDER ATTORNEY

You should talk to a lawyer regarding Indiana protection orders and no contact orders in Indiana. If you have been the target of violence or received threats of violence or harassment, then you need the help of an attorney. You might be able to ask the court to issue you a protective order (sometimes called a restraining order) against your abuser or stalker, depending on your specific situation. 

This could also provide the police with enough information to make an arrest and the prosecutor with enough evidence to file charges, which could result in a no-contact order, an additional kind of protection. 

On the other hand, you may be the person accused of a credible threat to another person, family, or household member. Then you will need the assistance of a protective order attorney.

The Law Office of Mark Nicholson will carefully analyze your case and inform you of your rights. If you are qualified, we will help you with the order of protection request and procedure. 

The Law Office of Mark Nicholson is also skilled in fighting against unfounded abuse claims and restraining orders. Contact us immediately if you're dealing with false accusations and your alleged victim has requested a protective order. We'll decide how to handle the situation most effectively and efficiently.

You can contact an attorney at the Law Office of Mark Nicholson by filling out our online form or calling 317-667-0718, whether you need one or want to challenge one.

PROTECTIVE ORDER VS. RESTRAINING ORDER

In Indiana, there is no such thing as a "restraining order." They are called Protective Orders in Indiana. If you have been harmed, have experienced abuse from a family member, household member, or romantic partner, or if you are the target of stalking, then you file for an Indiana Protective Order. However, these are often called “restraining orders,” but in Indiana, there is no legal court order called “restraining order.”

ORDERS OF PROTECTION FOR INDIANA (IC 34-6-2-121.6)

An order for protection against someone who has harmed, stalked, or harassed you is a civil injunction. You can get a protective order by submitting a petition to the civil court where you or the offender resides.

Any associated criminal case is completely unrelated to this civil matter. Additionally, you can request a civil protection order even if the other party has not been accused of a crime. The order is injunctive because it seeks to prevent a specific behavior from occurring again or in the future.

Contact a restraining order attorney at the Law Office of Mark Nicholson at 317-667-0718 if you are interested in requesting a protection order after being a victim of stalking, harassment, a sex crime, or domestic abuse. To help keep you safe, we will take all necessary measures, including requesting an immediate emergency order and a long-term protection order.

Contact the Law Office of Mark Nicholson if you are being falsely accused and need help defending against those accusations.

HOW DO INDIANA PROTECTIVE ORDERS WORK

Most people imagine that a protection order states that someone must remain a specific distance away from the person who is being protected. Others believe that the protective orders prohibit contact of any kind with the protected person. Although it is a core principle of Indiana's No Contact Orders, which are entirely distinct from protective orders, this could be a component of a protective order.

An Indiana protective order generally entails that the offender stops contacting you directly or indirectly and threatening, abusing, or harassing you or any members of your family. However, the order might and should depend on your unique situation. It must consider pertinent aspects, including if you share a child, currently reside together, or attend the same school as the perpetrator. 

The order may mandate that the offender vacate your shared residence, make child support payments, or surrender any firearms they may own to the authorities. Additionally, the order may permit communication between both of you for particular purposes like parenting time.

The typical duration of a protective order is two (2) years. A judge may, however, impose a shorter time frame in certain situations. Call 317-667-0718 to speak with an Indianapolis protection order attorney about renewing your restraining order if you are still worried for your safety in the months before it expires. You must request a fresh protective order if two more years go by and you are still in danger.

WHO IS ELIGIBLE FOR A PROTECTIVE ORDER?

If you can demonstrate that the individual you want to get a restraining order against:

• Physically harmed you, or 
• Placed you in fear of physical harm

Instances of domestic violence frequently include protective orders. If a family member, household member, the other parent of your kid, or a current or former partner intimidated you and caused harm to you, you may want to talk to a lawyer about requesting an order of protection.

Domestic violence occurs when two individuals who are currently or formerly involved in a personal relationship engage in violent behavior. A friend or acquaintance may have raped you, or you might be the target of someone else's stalking. If someone has stalked you or has committed a sex offense against you, you may seek a protective order against them.

Even if you were legitimately terrified after a brief contact that did not end badly for you, you could not get a protective order. For instance, if someone made sexual advances to you in a bar and got hostile when you declined. You can contact the police if his activities qualify as crimes. Even if you are concerned about running into him again, you have little legal action if it did not amount to a crime and you arrived home safely.

ORDERS PROTECTING CHILDREN

A parent or legal guardian must submit the petition on your behalf if you are under 18. An order of protection for a kid also referred to as a child protective order, may be requested by your parent or legal guardian.

APPLICATION FOR A PROTECTIVE ORDER: STEPS

You can apply by yourself; if not, you must first see a protective order lawyer to acquire a protective order in Indiana. The paperwork will be accurately completed and submitted to the county clerk's office under the supervision of your attorney. 

You must demonstrate that the other party physically injured you or made you fear getting hurt. Regardless of how challenging it may be, you must tell your tale. It is important to present documentation of your injuries or threats. You can assemble information and prepare for the hearing with your lawyer.

You are required to let the other party know when you petition for an Indiana protective order. They are entitled to appear at the hearing and present their case. You should consult your lawyer extensively about how to handle testifying alongside your abuser in court because this could be very traumatic for you.

Alternately, if you are being accused, then you don’t want to defend this by yourself. You should get the help of a protective order attorney. Attorney Mark Nicholson will review the facts with you and help prepare your defense.

HOW TO DEFEND AGAINST AN INDIANA PROTECTIVE ORDER

The first thing you should do if you receive notice of a protection order hearing is contact an Indiana protective order defense lawyer. Attorney Nicholson has years of trial experience defending and petitioning for a protective order on both sides. He has assisted numerous victims in obtaining the required protection orders. He has also successfully defended numerous people when someone tried to get a protective order to damage their reputations. 

You must appear in court to contest a false protective order and false claims of stalking, harassment, or domestic abuse. Your attorney will submit your appearance and get you ready for the hearing, which could be uncomfortable. The other side will have to explain their side of the story and will paint you as someone violent or dangerous. You must be prepared to maintain your composure and let your defense lawyer speak for you. 

Attorney Nicholson will be ready to bat back those lies and tell the tale from your point of view and give proof of your innocence. Depending on the situation, he might also offer evidence that your accuser is lying because of a hidden agenda, such as trying to influence a child custody fight or getting back at you.

NO CONTACT ORDERS

Protective orders are distinct from no contact orders. These arise during criminal proceedings, whereas protective orders are dealt with in civil situations. No contact orders are issued when a prosecutor requests a judge to decide that a defendant cannot contact a victim during a domestic battery or other domestic violence cases. 

Bail conditions frequently include a no contact restriction for the defendant that prohibits the defendant from contacting the alleged victim. No contact orders are occasionally automatically issued (IC 35-33-8-3.6).

You do not request a no-contact order from the court if you are a victim of domestic violence, a violent crime, or a sexual offense. But if a no-contact order was issued against you, then contact attorney Nicholson so he can help get that dismissed.

INDIANA NO CONTACT AND PROTECTIVE ORDER  LAWYER 

There are severe consequences if you are accused of a violation of a no-contact order or an order of protection. You can be held in contempt of court, fined, or even jailed.

Attorney Nicholson is a knowledgeable protection order lawyer here to help, whether you need to fight against a fictitious protective order or want to learn more about protective orders to keep yourself.

Contact the Law Office of Mark Nicholson to learn more about protection orders in Indiana. 317-667-0718