Indiana Uniform Protective Order

State:
Indiana
Control #:
IN-SDS-USPOI
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Description

Uniform Protective Order

Indiana Uniform Protective Order (UP) is a court order issued by Indiana courts to protect a person from being a victim of domestic violence, stalking, or a sex offense. The order provides protection from physical or emotional harm, threats, harassment, and intimidation. It also prevents the abuser from having contact with the victim and any other people or places the victim may frequent. Upon can be issued on a temporary or permanent basis, and can be modified if needed. There are three types of Upon: Emergency Protective Order (EPO), Interim Protective Order (IPO), and Final Protective Order (FPO). EPOS are issued when the court is closed and can last for up to seven days. IPOs are issued when the court is open and can last for up to sixty days. FPO's are issued after a hearing and can last up to two years. All Upon are enforceable statewide and can be extended or modified by the court.

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FAQ

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.

Records regarding protective order proceedings under Indiana Code chapter 34-26-5 are eligible for expungement in the same way an arrest, charge, or conviction can be expunged.

If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order.

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).

To get a no contact order lifted in Indiana, the protected person must contact the prosecutor or judge presiding over the case and explain why they feel that the no contact order is unnecessary.

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

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 fight a false restraining order and false accusations of stalking, harassment, or domestic abuse, you must appear in court. Your lawyer will file your appearance and prepare you for the hearing, which may be unpleasant.

More info

Uniform Protective Order. Form: File Uniform Protective Order 4-18-2022.docx.UNIFORM STIPULATED PROTECTIVE ORDER-INSTRUCTIONS. When issuing protection orders, judges should: •฀ Use uniform forms generated within the jurisdiction;. Sec. 88.001. SHORT TITLE. This chapter may be cited as the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. Protective orders hearings maybe held at either a District Court or a circuit court. The address for the courthouse where your hearing is on the order. The clerk will notify the Respondent and schedule a hearing within 30 days. Protection: an ex parte order of protection and a full order of protection.

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Indiana Uniform Protective Order