A restraining order in Indiana, also known as a protection order, is a piece of paper signed by an Indiana judge which orders the respondent (later considered the “restrained party”) to have no contact with a person for a period of time. Typically these types of orders are filed in domestic or family violence cases, sexual assault, or stalking matters. Each person will get a chance to come to court to tell their side of the story. However, if the alleged victim has indicated the need for an immediate protection order due to imminent danger, a judge can decide to issue a temporary restraining order (ex parte order).
How to Get an Indiana Temporary Restraining Order
Essentially the alleged victim files a petition with the court saying why they need an ex parte order. In the case of domestic or family violence, an ex parte restraining order can be given to a victim by the police or magistrate when his or her alleged abuser is arrested for domestic violence.
If the court does issue an ex parte order, either party can ask for a hearing within 30 days to respond to the order. Penalties for violation of the order can include jail time, probation, a fine, and more.
Indiana Temporary Protection Orders Laws at a Glance
The following table provides a basic overview of Indiana’s temporary restraining order laws and penalties. If you or someone you know is a victim of domestic or sexual violence, or if you believe you or your children are in danger of being harmed by someone in your life, contact law enforcement immediately.
- Indiana Code Section 34-26-5-10 et. seq. (Temporary Restraining Order)
- Indiana Code Section 34-26-5-9
Duration of Order
- Emergency: 60 days maximum. General: maximum 1 year, may be extended, maximum 1 additional year
- If no hearing is requested by either party within 30 days, the ex parte order for protection can last for two years after the date it was given unless another date is ordered by the court.
- Committing or threatening to commit family violence against named victim and specific family members;
- Harassing, annoying, calling, or contacting named victim(s);
- Respondent may be required to stay away from their home, school, job, or any other place the victim(s) goes;
- Respondent may be required to give up possession and use of the home, a car, and other essential personal property.
Note: Respondent may be required to move out and stay away from the shared family home (even if the Respondent owns the home);
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you have additional questions about the temporary restraining orders in Indiana, click on the following links below:
Talk to an Attorney About the Temporary Restraining Order Against You
If you have a temporary restraining order in place against you, whether you believe it is justified or not, you’ll want to understand the parameters of the order. Knowing the laws and how to follow the order is crucial until you can get a hearing in front of a judge. Learn more by meeting with an experienced Indiana criminal defense lawyer.