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  5. Should I Defend Against A Protective Order?

Should I Defend Against A Protective Order?

On Behalf of Dixon & Moseley, P.C. | Feb 28, 2020 | Criminal Law, Protective Orders

Protective Orders are powerful tools in the legal sphere. Protective Orders can be used to help ensure the safety of individuals in dangerous situations, such as victims of domestic violence, or minors in an abusive household. While Protective Orders are a powerful tool that can be used for good, they can also, by design, be used to wrongfully harm an individual who is not a threat to anyone. This blog provides a brief overview of protective orders, the ramifications of the same, and when you may want to think about defending yourself.

The Indiana Civil Protection Act is designed to promote three separate goals.1 First, the Indiana Civil Protection Act is designed to promote the protection and safety of all victims of domestic or family violence. Second, the Indiana Civil Protection Act is designed to promote protection and safety to all victims of harassment. Third, the Indiana Civil Protection Act is designed to promote the prevention of future domestic violence, family violence, and harassment.

While it is clear that there is a need for Protective Orders, and that Protective Orders do a lot of good for victims, there are certain situations in which they are used for the wrong reasons. By design, Protective Orders are very easy to obtain. The low standard of obtaining Protective Orders is what leads to some individuals finding themselves on the wrong end of an Order of Protection. There are many incidents in which individuals who are not abusers, stalkers, or sex offenders find that there is an Order of Protection against them.

If you find yourself on the wrong end of a protective order, there can be some serious consequences. One such consequence is you will become Brady disqualified if you lose at a hearing or fail to ask for a hearing, meaning you will no longer be able to own or possess a firearm. Furthermore, you could see an adverse consequence at work or in your search for employment as employers may be hesitant to hire an individual with a protective order against them. The existence of a protective order against anyone is available on-line. Finally, if you have children, it could have an effect on your parenting time with them. While the Protective Order may later get dropped due to lack of proof, the mere fact that there was an Order of Protection against you can lead to serious and permanent consequences.

There are ways to defend yourself against a protective order. However, Protective Orders are unique and very complex. They take a skilled attorney to navigate and guide you through the murky waters. Dixon & Moseley, P.C. attorneys practice throughout the State of Indiana and understand the complication associated with Protective Orders. This blog post is written by Dixon & Moseley, P.C. advocates who handle all facets of Protective Orders throughout the state. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement.

  • Ind. Code section 34-26-5-1.
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    What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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