Indiana Protective Orders Laws

When it comes to abusive crimes, it’s important to prevent further violence by keeping the abuser away from the victim. One method of accomplishing this is through an order for protection. Also known as restraining orders and protective orders in Indiana, these civil court and criminal court orders can provide relief for victims.

Figuring out which Indiana order is the best fit for your situation isn’t easy. In this guide, we’ll examine each protective order available in the state, help determine which one you require, and explain how to get it. If you’re suffering domestic violence and need more information on what to do, FindLaw’s Indiana Domestic Violence Laws article can help you out.

Indiana Protective Orders Laws: Available Orders

First and foremost: if you’re suffering abuse or feel you’re in imminent danger, call 911. Law enforcement officers in Indiana have specialized training for situations that involve domestic violence and other types of abuse.

There are many different abusive crimes. Indiana offers a variety of protective orders designed to provide protection for victims. They do this through provisions that focus on telling the abuser what they can and can’t do with regard to the victim. Some orders will also give temporary orders for child custody, child support, and spousal support.

The type of Indiana restraining order used depends on the people involved and the particular crimes committed. While some are more common than others, the provisions in protective orders are tailored to fit each case. Any protective order issued in Indiana is good anywhere in the United States under federal law. Out-of-state protective orders are recognized by Indiana.

While not perfect, protective orders can offer effective relief. Let’s take a look at the orders of protection available in Indiana.

Indiana Domestic Violence Orders of Protection

Indiana‘s definition of domestic violence is a bit broader than that of other states. Domestic violence crimes occur between family members and household members. These participants include:

• Spouses
• Former spouses
• People with a child in common
• People who are intimate partners
• People who were in an intimate relationship with one another
• People who are dating
• People who have dated each other
• Related by marriage (in-laws)
• Related by consanguinity (blood relatives)
• Related by adoption
• A legal relationship as a ward, guardian, foster parent, or custodian
• A minor child of any of the people in one of the relationships listed

To qualify as a domestic violence offense, the crime committed must fall under one of the following categories:

• Attempting to cause physical harm
• Causing physical harm
• Threatening to cause physical harm
• Causing someone to engage in a sexual act against their will via duress, threats, or force
• Causing a person to suffer fear of physical harm
• Torturing, abusing, mutilating, or killing a vertebrate animal without justification to intimidate, terrorize, coerce, harass, or threaten

Indiana expands domestic violence classification, for purposes of protective orders, to include stalking and sex crimes such as sexual assault, sexual battery, and rape. These offenses do not require the abuser and the victim to have a close personal or family relationship. For civil protection orders, stalking and sex crimes are treated as domestic violence.

A victim (petitioner) has a few different ways of filing for an Indiana domestic violence order for protection. Forms are available online, which can be filled out and filed in the clerk’s office of a civil court near you. The Indiana Protection Order E-filing Service Provider allows online filing.

You can also file through a domestic violence advocate, which the state recommends. If filing in person, the court clerk can help you fill out the forms. They can’t offer legal advice. If at any point you feel like you’re in over your head, consider speaking with a domestic violence attorney.

No matter how you file, the court clerk takes your petition to a judge for review. The judge may ask you questions. An ex parte order for protection is issued if the court agrees with your claims. Ex parte means issuance without the court contacting the abuser (respondent).

Ex parte temporary restraining orders last for 30 days or until the court hearing for a final order for protection. They contain provisions to protect the petitioner. Rulings on child custody and child support issues are also permitted. These are temporary.

Conditions vary between orders for protection. Indiana law ensures certain provisions are available for inclusion:

• Respondent must not have any contact with the petitioner
• Respondent (abuser) cannot commit further acts of domestic or family violence against the petitioner (victim) or their family
• Respondent cannot threaten to commit further acts of domestic or family violence against the petitioner or their family
• Respondent must surrender all firearms and ammunition
• Respondent must stay away from the petitioner’s residence, workplace, school, or any other named location
• Rule on parenting time and necessary conditions
• Award possession of shared animals to the petitioner
• Order possession of a dwelling, an automobile, or other personal property to the petitioner
• Respondent must leave a shared residence and not return
• Respondent cannot use a tracking device on the petitioner
• Respondent must pay the petitioner’s medical expenses, attorney fees, or other costs
• Set conditions if the petitioner and respondent must occupy the same location (i.e. a workplace)

A victim should never try to serve an order to the respondent. Law enforcement officers serve the ex parte order to the respondent. The order is sent to law enforcement agencies and entered into the Indiana Protective Order Registry (POR). This will enter it into the Indiana Data and Communication System (IDACS) as well.

If you’re served with a protective order, it’s not something you can ignore. Speak to a criminal defense attorney as soon as possible. They can explain your options.

Within 30 days of the ex parte order‘s issuance, the case hearing takes place. If the respondent doesn’t oppose the order or fails to appear, your order will likely become a final order for protection.

If the respondent opposes the order, both sides argue their cases at the protective order hearing. They can present evidence and call witnesses. The onus is on the petitioner to show abuse occurred and that the threat remains. If successful, a final order for protection is issued.

Final orders last for up to two years and are extendable. The conditions from the ex parte order remain in effect, and new provisions are permitted. If the respondent committed a sexual crime and either was already a registered sex offender or has to register as a sex offender, the order may be effective indefinitely unless later modified or terminated.

Victims who get a domestic violence order for protection can apply for a Hope Card. Hope Cards fit in a wallet and contain the important details of your order. This allows responding law enforcement officers to be aware of all the provisions included.

Indiana Workplace Violence Restraining Orders (WVRO)

Much like your home, your workplace shouldn’t carry the threat of violence. Employers can file for an Indiana workplace violence restraining order (WRVO) for an employee who has suffered violence or the credible threat of unlawful violence at work. Unlawful violence includes battery and stalking.

The employer files for a temporary WRVO, typically in the civil division of Superior Court. A hearing is held within 15 days. The respondent can file a counterclaim to fight the order. If the court agrees that the respondent has displayed a course of conduct that is threatening, a final WRVO is issued. This is also known as an injunction.

The injunction lasts for three years and is extendable. It forbids the respondent from continuing to inflict unlawful violence or threatening to inflict unlawful violence.

Indiana No-Contact Orders

Indiana no-contact orders are issued by judges in criminal court as part of bail agreements. These are used when the offender is accused of committing a violent crime that inflicted bodily injury on the victim. They forbid any contact by the respondent with the victim for either 10 days or until the initial hearing. The court can reinstate the condition at the initial hearing.

Indiana Child Protective Orders

Child protective orders are issued by a juvenile court. The court must act in the best interests of the child. If they determine that the child is safer by forbidding an individual from having any contact, the order is issued. This can include one of the child’s parents. The order can also include other relief provisions.

The child protective order remains in place until the court rules that either the child is no longer in need of services or issues a dispositional decree addressing required issues. A child can also receive relief through a domestic violence order for protection.

Indiana Protective Orders Laws: Violations and Penalties

Protective orders are most effective when the respondent believes the petitioner will report any violations to law enforcement. They may still ignore the order, but they do so at the risk of jail time and fines. Law enforcement officers can arrest a violator with good cause.

Violations are considered invasion of privacy offenses. Restraining orders in Indiana threaten the same penalties:

• First violation of an order for protection (Class A misdemeanor): Up to one year in jail and a fine of up to $5,000
• Any violation of an order for protection after the first OR any violation with a previous conviction for stalking OR any violation of a child protective order (Level 6 felony): Between six months and 2.5 years in prison and a fine of up to $10,000

These penalties are in addition to sentences for the crimes committed during the violation.

Indiana Protective Orders Laws: Summary

Confusion about Indiana‘s different protective orders is understandable. While suffering abuse, knowing what to do is even more difficult. We’ve gathered important details about Indiana‘s protective orders in the table below for easy reference. Links to protective order codes and aid agencies are provided as well.

Indiana Protective Orders Laws: Additional Resources

• Indiana Judicial Branch Family Violence Resources
• Indiana Court Directory
• Indiana Protective Orders Forms
• Orders of Protection and Restraining Orders Overview
• Indiana Protective Orders E-filing
• Indiana Family Law on Domestic Violence

Learn More About Indiana Protective Order Laws From a Lawyer

Nobody should suffer abuse. Your best option may be an order of protection enforced with strict consequences for noncompliance. If you’re having trouble with an abuser, an Indiana protective order attorney can help.

If you’re the subject of a protective order in the state, it’s time to talk to an Indiana criminal defense attorney. They’ll examine the criminal charges you’re facing, help you get your essential personal effects, and stand with you up to the state Supreme Court.