Indiana Petition for an Order for Protection and Request for a Hearing (Filed by Person Seeking Protection) is a legal document that can be filed by an individual seeking protection from domestic or family violence in Indiana. This document can be used to request a hearing before a judge in order to obtain a court order that will protect the individual from the alleged abuser. The court order can provide the petitioner with protection from further violence, abuse, or harassment. It can also provide the petitioner with an order of protection from the alleged abuser, which can include prohibiting the abuser from contacting the petitioner, entering the petitioner's residence, or possessing a firearm. There are two types of Indiana petitions for an order of protection: a Temporary Order of Protection and an Emergency Order of Protection. The Temporary Order of Protection is a court order that provides the petitioner with temporary protection from the alleged abuser for up to two weeks. The Emergency Order of Protection is a court order that provides the petitioner with immediate protection from the alleged abuser and can last up to four weeks.
Indiana Petition for an Order for Protection and Request for a Hearing (Filed by Person Seeking Protection)
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FAQ
Prohibit the Respondent from harassing, annoying, telephoning, contacting, or directly or indirectly communicating with the Petitioner. Order the Respondent to stay away from the Petitioner's residence, school, employment and/or other specified places and each designated family or household member.
Indiana Orders of Protection (IC §34-6-2-121.6) A protective order is a civil injunction used to protect you from someone who has abused, stalked, or harassed you. You obtain a protective order by filing a petition in civil court where you live or where the offender lives.
RESTRAINING ORDER. In Indiana, there is no such thing as a "restraining order." They are called Protective Orders in Indiana. If you have been harmed, have experienced abuse from a family member, household member, or romantic partner, or if you are the target of stalking, then you file for an Indiana Protective Order.
Violation of a No Contact Order is categorized as an invasion of privacy, which is a Class A Misdemeanor. However, if one has a prior unrelated conviction under that same statute, the penalty will be a Level 6 felony.
If the no-contact order is violated, the offender can be jailed and/or charged with Invasion of Privacy. A protective order is a civil suit not connected to any other type of case. A criminal case does not have to exist to apply for a Protective Order.
If you accidentally or intentionally violate a restraining order, it can become a criminal matter. In Indiana, ing to Indiana Code 35-46-1-15.1 violating a protective order involving a domestic or family violence case is a Class A misdemeanor.
There is no cost to file a protective order. Clerk's Office and court intake specialists will guide you through the process. It's helpful to know the date of birth and/or address of the person you are filing the protective order against (the respondent).
No contact orders are issued by the court as a product of criminal proceedings, whereas an Indiana restraining order (legally referred to as a protection order) is an injunction issued by a civil court, at the request of the petitioner (victim).