The Indiana Petition for an Order for Protection and Request for a Hearing (Filed on Behalf of a Child) is a legal document used to request protection for a minor child from abuse, neglect, or other forms of harm. It is used to ask the court for an order that would prevent the abuser from being in contact with the child or entering the home. The petition can be filed by a parent, guardian, or other person vested with the care or custody of the child. Indiana's law recognizes two types of petitions: a Petition for Protection from Domestic and/or Family Violence and a Petition for Protection from Child Abuse, Neglect, or Dependency. In both cases, the petitioner must provide information about the minor child, the alleged perpetrator, and any witnesses who can attest to the abuse or neglect. The petitioner must also explain why an order is necessary and the specific relief sought. Once the petition is filed, the court will hear the case in a hearing. During the hearing, the petitioner and any witnesses will be asked to present evidence in support of the petition. The court will then decide whether to grant the requested order. If granted, the order will remain in effect until the court modifies or rescinds it. The Indiana Petition for an Order for Protection and Request for a Hearing (Filed on Behalf of a Child) is an important legal document that can provide protection and safety for a minor child. It is important to understand the process and ensure that the petition is properly filled out and filed.
Indiana Petition for an Order for Protection and Request for a Hearing (Filed on Behalf of a Child)
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FAQ
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.
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.
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. This civil matter is entirely separate from any related criminal case that may be going on.
To obtain Indiana protective orders, the petitioner must file and petition the court to grant one. The petitioner must file the petition in civil court in the city or town where he or she lives or where the respondent lives. Notably, there is no requirement for the respondent to have been charged with a crime.
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).
A protective order could require the abuser not to contact the victim in any way, shape, or form. This includes by phone, text, email, mail, or in person. Contact through third parties, such as mutual friends, is also prohibited.
