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Protection Orders and No Contact Orders in Indiana
When you have been a victim of violence or receive threats that have you living in fear, you need to speak with an experienced attorney about protective orders in Indiana. Depending on your circumstances, you may be eligible to petition the court to grant you a restraining order against your abuser or stalker. You may also have enough information for the police to make an arrest and a prosecutor to press charges, which could lead to a no contact order – an additional protection. At GDS Law Group, LLP, we will thoroughly review your situation and advise you of your rights. If you are eligible, we will guide you through the process of asking for an order of protection.
Our restraining order lawyers are also well-versed in defending against false allegations of abuse and restraining orders. If you are dealing with false allegations and your alleged victim has filed for a protective order, contact us right away. We will determine the most efficient and effective way to address the matter.
Whether you are in need of a protective order or wish to fight one, you can contact GDS Law Group, LLP through our online form or by calling (765) 313-7092. We offer free consultations.
A Protective Order vs. Restraining Order in Indiana
There is no specific thing called a restraining order in Indiana. If you have been hurt by someone, endured abuse from a family member, household member, or romantic partner, or are being stalked, you need to speak with an order of protection lawyer at GDS Law Group, LLP. We will help you petition the court for a protective order.
Indiana Orders of Protection (IC §34-6-2-121.6)
A protective order is a civil injunction used to protect you from someone who has abused, stalked, or harassed you. You obtain a protective order by filing a petition in civil court where you live or where the offender lives. This civil matter is entirely separate from any related criminal case that may be going on. Also, you do not need the other person to have been charged with a crime to seek a protection order. The order in injunctive because it attempts to stop a certain type of behavior from happening in the future or happening again.
If you are interested in asking for a protective order after being a victim of stalking, harassment, a sex crime, or domestic violence, contact a restraining order lawyer at GDS Law Group, LLP. We will do whatever we can to keep your safe, including asking for an immediate emergency order and long-term protective order.
How Protective Orders Work
Most people think of a protective order as a requirement for someone to stay a certain number of feet away from the protected individual. Other people think restraining orders mean someone is not allowed to make any type of contact with the protected individual. This could be an aspect of a protective order, though it is a central tenant of Indiana’s No Contact Orders, which are entirely different than protective orders.
In general, a protective order requires the offender to not directly or indirectly contact you and to refrain from threatening, abusing, or harassing you or any member of your household. Yet, the order can and should be based on your specific circumstances. It needs to take into account whether you go to school with the offender, currently live together, share a child, and other relevant factors. The order may require the offender to move out of your shared home, pay child support, or turnover any firearms they own to law enforcement. The order can also allow contact between you two for specific purposes, such as parenting exchanges.
A protective order is usually in place for two years. However, a judge can order a shorter duration based on the circumstances. If you are still concerned for you safety in the months approaching the expiration of a restraining order, you should speak with one of our lawyers about renewing it. You can renew a protective order one time. If two more years pass and you are still in danger, you will have to file for a new protective order.
Who Can Obtain a Protective Order?
You may be able to obtain a restraining order against another person if you can prove that they:
- Physically injured you, or
- Put you in fear of physical harm.
Restraining orders are common aspects of domestic abuse cases. If you were injured by a family member, household member, your child’s other parent, or a current or former intimidate partner, then you may wish to speak with an attorney about filing for an order of protection.
Domestic violence is between people who have a current or former personal relationship, and that may not be your situation. You may have been sexually assaulted by a friend or acquaintance. You may be stalked by a complete stranger. You can pursue a protective order against a friend, acquaintance, or stranger if they committed a sex crime against you or are stalking you.
You cannot obtain a protective order for a brief encounter that did not cause you harm, even if you were truly afraid. For instance, if a man approaches you in a bar and became aggressive when you did not reciprocate his advances. If his actions amounted to a crime, you can contact the police. If it did not amount to a crime and you made it home safely, you have no legal recourse – even if you are worried about running into him again.
Child Protective Orders
If you are younger than 18 years old, you must have a parent or guardian file a petition for the protective order for you. Your parent or guardian can file for a restraining order known as a child protective order or an order of protection for a child.
If you are a parent and are worried about your child, contact GDS Law Group, LLP about seeking a child protective order on their behalf right away.
How to File for a Restraining Order
To obtain a restraining order in Indiana, you should first speak with a protective order attorney. Your attorney will ensure the paperwork is properly filled out and filed with the county clerk’s office. You must be able to prove the other person physically harmed you or placed you in fear of physical harm. You will have to tell your story, as difficult as it may be. It benefits you to put forth evidence of your injuries or the threats, such as medical records, emails, texts, voicemail, and eye witness statements. Your attorney will help you gather evidence and prepare for the hearing.
When you file for a protective order, you must notify the other party. They have the right to attend the hearing and defend themselves. This can be emotionally traumatic, and you should work closely with your attorney about how to handle being in court with your abuser.
How to Fight a Protective Order in Indiana
If you receive notice of a protection order hearing, the first thing you need to do is contact a restraining order defense attorney. At GDS Law Group, LLP, we have experience on both sides of the courtroom. We have helped many victims obtain necessary protective orders. We also have prevented many people from having their reputations tarnished by false accusations.
To fight a false restraining order and false accusations of stalking, harassment, or domestic abuse, you must appear in court. Your lawyer will file your appearance and prepare you for the hearing, which may be unpleasant. You will have to listen to the other side tell their story and make you out to be a dangerous or violent person. You must be ready to keep your cool and let your lawyer do the talking. At GDS Law Group, LLP, one of our order of protection lawyers will be prepared to tell the story from your perspective and present evidence of your innocence. Depending on the circumstances, we may also present evidence that your accuser is lying due to ulterior motives, such as trying to effect a child custody dispute or seeking revenge for a perceived slight.
Protective Orders Against Workplace Violence (IC §34-26-6)
If you have been a victim of unlawful violence at work or credible threats of violence, then you should speak with a protective order lawyer about how to obtain a workplace violence restraining order. Unlawful violence can be all manner of things from stalking, harassment, battery, and sexual assault.
Under the law, employers file petitions on behalf of their victimized employee. You may be in the position of needing to protect your employee, or you may need your employer to step up for you.
To obtain a workplace violence restraining order, your employer must be able to show that you suffered violence at your place of work. Or, they must be able to show you were the target of a credible act of violence that can be construed to be carried out at your place of work.
No Contact Orders in Indiana
No contact orders are not the same as protective orders. These come about during criminal cases whereas protective orders are civil matters. No contact orders arise when a prosecutor asks a judge to rule that a defendant cannot contact a victim during a domestic battery or other domestic violence case. A no contact order is often a condition on a defendant’s bail. In some situations, no contact orders are automatic (IC §35-33-8-3.6).
As the victim of domestic abuse, a violent crime, or a sex offense, you do not ask the court for a no contact order. However, by working with an attorney during this challenging time, your lawyer can communicate with the prosecutor your desire for a no contact order.
Let an Order of Protection Lawyer Help You
Whether you want to learn more about protective orders to keep yourself safe or you need to fight against a false restraining order, our experienced attorneys a GDS Law Group, LLP are here to help. We will use our decades of experience and hard-earned lessons to benefit you. We also have established relationships in Indiana’s local courts, which can enable us to obtain the outcome you are looking for.