Created by FindLaw's team of legal writers and editors | Last reviewed March 21, 2018
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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).
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.
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.
Statutes |
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Duration of Order |
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Prohibited Actions |
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:
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.
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