Indiana Temporary Restraining Order Laws

Indiana offers temporary restraining orders to protect victims from abusers. These orders can include provisions like no-contact rules, child custody arrangements, and firearm prohibitions.

When a victim needs help, time is of the essence. Indiana offers temporary restraining orders to provide relief from abusers. These court orders use provisions to keep offenders away from victims. Some can address other issues as well. These include awarding shared pets to one party, temporary child custody, prohibition of firearms possession, and much more.

Knowing how to get the protective order you need during a crisis can make a huge difference. This article will examine the restraining orders available in Indiana, explain what they do, and show how to get one as quickly as possible. For a deeper look at the long-term effects of restraining orders, FindLaw's Indiana Protection Orders Laws article has you covered.

Indiana Temporary Restraining Order Laws - Types of Orders Available

It's understandable if Indiana protective orders seem confusing. Some are called orders of protection. Others are referred to as restraining orders. Victims petition for certain orders. Sometimes, protection is decreed by the court as part of a ruling. Let's look at each order one at a time.

Orders for Protection for Domestic Violence, Stalking, Harassment, or a Sex Offense

Domestic violence is a specific set of abusive acts that occur between family members and household members. Most states have a dedicated protective order for domestic violence victims, but Indiana's covers a few different crimes as well. Not sure if the abuse you're suffering is domestic violence? FindLaw's article on Indiana Domestic Violence Laws can explain everything you need to know.

In addition to domestic violence, this order of protection covers stalking, sex offenses, and harassment. A victim of these crimes doesn't need to have a close personal relationship required by domestic violence. Their sexual history doesn't matter. The same form is used for anyone eligible.

People suffering abuse or in imminent danger of abuse should call 911. Indiana law enforcement officers receive special training for domestic violence and sexual assault calls. If they have good cause to believe that either has occurred, they can arrest the abuser without a warrant.

If you need help filing for this order, it's a great idea to contact an Indiana domestic violence advocate if possible. Their experience makes the process much easier, and you can file through them. An Indiana domestic violence attorney is also a powerful resource to consider.

When filing yourself, the first step is filling out the required forms. These are available online, in the clerk's office in civil court at a county courthouse, or through the Indiana Protection Order E-filing Service. Try to provide as many details as possible about the abuse you suffered. You (petitioner) need to convince the court that your abuser is an immediate and ongoing threat.

The clerk takes your petition to a judge for review. The judge may have additional questions for you. Stick to the truth and try not to exaggerate. If the court agrees that you're in present danger, an ex parte temporary order for protection is issued. Ex parte means the court doesn't contact the respondent (abuser) before issuance.

Law enforcement will serve a copy of the order to the respondent. Your temporary protective order lasts either 30 days or until a court hearing. All orders of protection will include no-contact and stay-away provisions. Depending on the type of order, other conditions are applicable as well. These can include:

• Respondent (abuser) is forbidden from committing 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 can't have any contact with the petitioner
• Respondent must leave a shared residence and not return
• Respondent must surrender all firearms and ammunition for the duration of the order
• Respondent must stay away from the petitioner's residence, school, workplace, or any other named location
• Ruling on parenting time, child support, and temporary custody
• Awarding possession of shared animals to the petitioner
• Ordering possession of a dwelling, an automobile, or other personal property to the petitioner
• Respondent cannot use a tracking device on the petitioner
• Respondent must pay the petitioner's attorney fees, medical expenses, or other costs
• Setting conditions if the respondent and petitioner occupy the same location (i.e., a workplace)

Protective orders can contain some, all, or none of the listed provisions. All temporary orders are entered into the Indiana Protective Order Registry (POR) and the Indiana Data and Communication System (IDACS).

If the respondent opposes the restraining order, a final ruling is made at a final court hearing. This ruling occurs within 30 days of the respondent being served. Parties can present evidence, call witnesses, and tell their side of the story. FindLaw's Indiana Protective Orders Laws article provides more information on this.

No Contact Orders

In some instances, the courts provide a restraining order on behalf of a victim. When a defendant is charged with a violent crime that resulted in a bodily injury, the court can issue a no contact order as a requirement for any bail agreement.

This no contact order lasts for either 10 days or until the trial hearing. If the court has concerns for the victim's safety, it can extend the order past the initial hearing.

Child Protective Orders

If the juvenile court feels a minor child is in a dangerous situation or suffering abuse, it can issue a child protective order. This is prompted by a report from a caseworker or the Department of Child Services. Depending on the circumstances, the order can have an abuser removed, a child moved to a safe location, or any other necessary measures.

The court operates with the best interests of the child in mind. While having both parents involved in the raising of the child is the norm, in some cases, the court may order an abuser to complete treatment programs before allowing custody or visitation. This order stays in effect until modified or terminated by the court.

Workplace Violence Restraining Orders (WVRO)

Employees suffering unlawful violence or a credible threat of violence at their workplace can ask their employer to file for a workplace violence restraining order (WRVO). This includes stalking, following, harassing, repeatedly calling an employee, or causing them to live in fear of physical harm.

Employers (petitioners) can file for a temporary ex parte WRVO in the civil division of superior court. The necessary forms are available at the clerk's office or online. If the court agrees the respondent (abuser) is a current threat, the temporary order is issued. It becomes enforceable after the respondent is served a copy of the order. The order lasts for 15 days or until a final court hearing.

A WRVO orders the respondent to cease all unlawful acts of violence and threats of violence. No contact and stay-away provisions are also included. If an injunction is obtained, it lasts for up to three years.

Indiana Temporary Restraining Order Laws - Penalties

Even temporary restraining orders carry sanctions that should deter abusers. Indiana protective orders, which are good anywhere in the U.S., have strict penalties for violators. Charged as an invasion of privacy, these punishments include:

• First violation (Class A misdemeanor): Up to one year in jail and a fine of up to $5,000
• Any violation after the first OR any violation of a child no contact order OR any violation with a previous conviction for stalking: (Level 6 felony): Between six months and 2.5 years in prison and a fine of up to $10,000

These are in addition to any sentences for crimes committed during the violation. Courts can also order mandatory treatment programs.

Indiana Temporary Restraining Order Laws - Review

If you're in immediate danger, knowing how to get the order you need at once can make a huge difference. The table below reviews restraining orders in Indiana and supplies links to important codes.

Note: Indiana state laws change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. To verify current laws, please consult with an Indiana family law attorney or conduct your own research.

Indiana Temporary Restraining Order Laws: Additional Resources

• Federal Domestic Violence Legislation: The Violence Against Women Act
• Indiana Protective Orders Laws
• Indiana Protective Order Database
• Indiana Protective Orders E-filing
• Indiana Family Law on Domestic Violence

Dealing With Temporary Restraining Orders in Indiana? Talk to a Protective Order Lawyer

Nobody should have to suffer abuse. An Indiana protective order attorney will make sure you have proper representation as you find a better life.

If you've violated a temporary restraining order, you're facing potential jail time. An experienced Indiana criminal defense lawyer can assess your case, offer legal advice, and represent you in court.