By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 11, 2023
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If you're the victim of domestic violence or stalking, it's wise to get an order of protection. Also known as a protective order or restraining order, these help you protect yourself from your abuser.
Continue reading to learn more about protective orders laws in Indiana.
Protective orders are court-ordered documents that require the person named in the order to stay a certain distance away from the person seeking the order. They are used to protect victims of many kinds of abuse, but they may also be used to protect someone from a stalker.
Code Section |
34-26-5-1, et seq. |
Activity Addressed by Order |
Protective orders address many kinds of activities. The following are examples of activities addressed by protective orders:
|
Duration of Order |
In cases where an ex parte (or emergency) order is issued, a hearing must be held within 30 days of when that order is issued. Typically, orders of protection last one to two years, with the possibility that the petitioner may request that a court extend the length of the order. |
Penalty for a Violation of Order |
Confinement in jail, prison, and/or fine |
Who May Apply for Order |
The following are examples of those eligible for orders of protection:
|
Can Fees Be Waived? |
There are no fees for filing for a protective order. |
Order Transmission to Law Enforcement |
A copy of the order is transmitted by the end of the same business day to each law enforcement agency designated by the petitioner. Some orders must be entered into the Indiana Data and Communication System (IDACS). |
Civil Liability for Violation of Order |
Contempt |
The curbing of domestic violence is a top priority in Indiana, and survivors of domestic violence (as well as those that feel threatened) have numerous options to protect themselves from further harassment and abuse.
Although protection orders are not a perfect deterrent to every harmful scenario, they can provide a victim with some criminal recourse if an abuser violates an order. Indiana has emergency protection orders, which are put in place to give the threatened person more time to request a longer-term order. Also, if you have a valid protection order issued by one state, federal protection order law requires other states to honor and enforce that order.
It can be confusing and scary to be the victim of stalking or assault. Your best option may be an order of protection, typically enforced with strict consequences for noncompliance. Penalties typically include jail time. Or if you're the subject of a protective order, you'll want to learn about how that will affect your life.
If you're a victim of domestic violence and you'd like to learn more about protective orders, contact a domestic violence attorney in Indiana today. If you're the subject of a protective order in the state, it may be wise to contact a criminal defense attorney near you.
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