A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Indiana Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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If the courts find you guilty, you could face up to a year in county jail and/or a fine of up to $5,000, in addition to probation. The courts could elevate the crime to a Level 6 felony if you have prior convictions for similar offenses, extending jail time to one and a half years.
Ex parte orders for protection: An ex parte order can be issued as soon as you file your petition, without the abuser being present or notified beforehand, if you are the victim of domestic/family violence. However, the court cannot issue an ex parte order based only on harassment.
The Impacts of a Civil Protection Order 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.
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.
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.
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.