Indiana Instructions for Petition for an Order for Protection (Filed on Behalf of a Child) is a form used to ask a court to issue an order that restricts contact between a child and an individual who is believed to be a danger to the child. The petition is used in cases of domestic violence, sexual abuse, stalking, or other forms of abuse. The order can be used to prevent the alleged abuser from contacting the child, entering the home, or having any contact with the child. There are two types of Indiana Instructions for Petition for an Order for Protection (Filed on Behalf of a Child): an ex parte order and a full hearing order. An ex parte order is issued without a hearing and is effective immediately upon its issuance. However, it is only in effect for a limited period of time and must be followed up with a full hearing. A full hearing order is issued after a hearing where both parties can present evidence and argue their case. In addition to these two types of orders, Indiana may also issue a temporary restraining order (TO) as part of the petition process. A TO is a court order that requires the alleged abuser to refrain from certain activities, such as contacting the child or entering the home. It is effective immediately upon issuance and is usually in effect until the full hearing order is issued. In order to petition for an order for protection in Indiana, the petitioner must provide information about the alleged abuser, the child, and the abuse. The petitioner must also provide evidence to support their claim and explain why the order is necessary for the safety of the child. Once the petition is filed, the court will decide whether to issue an ex parte order, a full hearing order, or a TO.
Indiana Instructions for Petition for an Order for Protection (Filed on Behalf of a Child)
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FAQ
A parent, guardian, or other representative may file a Petition for an Order for Protection on behalf of a child against a: ? Family or household member who commits an act of domestic or family violence; ? A person who has committed stalking or a sex offense against the child; ? A person who has committed sex grooming,
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.
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.
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).
The Ex Parte Order for Protection will forbid you from doing certain things, and may order you to do certain other things. If you disobey the court's orders, criminal charges may be filed against you.
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.
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.
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.