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After gathering the necessary evidence, you will need to file a motion to dismiss with the court. The motion should clearly state the grounds for dismissal and provide a detailed explanation of why the protection order should be dismissed.
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.
And while being the subject of an Indiana protective order is not a criminal offense, it may be used as a reflection of your character in deep background checks. Deep background checks may be used in many situations, revealing a protective order entered against you.
The order may require the offender to move out of your shared home, pay child support, or turn over any firearms they own to law enforcement. The order can also allow contact between you two for specific purposes, such as parenting exchanges. A protective order is usually in place for two years.
Indiana's Protective Order Law To receive a protective order under the Indiana Protection Order Act (the ?Act?), Ind. Code § 34-26-5, a person seeking relief (the ?Petitioner?) must allege that the perpetrator (the ?Respondent?) committed: Domestic or family violence; A sex offense; or.
2 Aside from specific situations, the general rule is that you can only appeal to what is known as a ?final order.? In Indiana, a trial court's ruling on a protective order is considered a ?final order? and can therefore be appealed.
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.
No court filing fees are required for Protection Orders that involve domestic/family violence, harassment, sexual assault, or stalking. It is not necessary to provide a Respondent address in order to file.