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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 Does the Indiana Court of Appeals Review (and What It Won’t)?

    On Behalf of Dixon & Moseley, P.C. | Mar 11, 2026 | Uncategorized

    If you’re thinking about an appeal in Indiana, one of the most important — and most misunderstood — questions is what the Indiana Court of Appeals will actually review. Many people assume an appeal is a “do‑over” of the trial. It is not. The Indiana Court of Appeals has a limited role, and understanding that role early can help set…

    Indiana Criminal Appeals: How to Appeal a Conviction in Indiana

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

    A criminal conviction in Indiana does not always mark the end of the road. In many cases, defendants have the right to pursue a criminal appeal in Indiana and ask a higher court to review whether legal errors affected the outcome of their case. Understanding how Indiana criminal appeals work, and acting quickly, can be critical to protecting your rights.   What Is a…

    Who Is Entitled to Parenting Time During Spring Break in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Feb 26, 2026 | Uncategorized

    Spring break is a highly anticipated time for children—but for divorced or separated parents, it often raises important legal questions. One of the most common questions Indiana family law attorneys hear is: Who gets parenting time during spring break in Indiana? Ultimately, the answer to this question is fact specific. However, generally speaking, the answer can be found in your…

    Appealing Summary Judgment in Indiana: What Works (and What Doesn’t)

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

    Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate practice. This can leave many with a multitude…

    What Are the Indiana Parenting Time Guidelines?

    On Behalf of Dixon & Moseley, P.C. | Feb 22, 2026 | Uncategorized

    When parents separate or divorce in Indiana, one of the most important and emotional issues to resolve is parenting time. Indiana courts rely on the Indiana Parenting Time Guidelines to create fair, consistent schedules that support children’s well-being and maintain strong relationships with both parents. If you’re navigating a custody case, understanding how these Guidelines work can help you make…

    Military Divorce in Indiana: What Service Members Should Know

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

    Divorce is never easy, and when one spouse is a member of the military, the process involves additional legal layers at both the federal and state level. If you’re a service member (or married to one) considering divorce in Indiana, it’s important to understand how military status affects jurisdiction, benefits, property division, child custody, and more.(Divorce in Indiana) 1. Filing…

    Stepparent Adoption in Indiana: Legal Steps for Blended Families

    On Behalf of Dixon & Moseley, P.C. | Feb 10, 2026 | Uncategorized

    Blended families are increasingly common, and for many stepparents in Indiana, adoption is a meaningful way to solidify an already strong parent-child bond. Stepparent adoption provides legal security, emotional stability, and clarity for the entire family—but it also comes with specific legal requirements that must be handled carefully. Below is a clear, practical overview of how stepparent adoption works in…

    How Long Does a Father Have to File for Paternity in Indiana?

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

    If you’re a father who isn’t married to your child’s mother at the time of the child’s birth, establishing paternity is one of the most important legal steps you can take. Paternity affects custody, parenting time, child support, inheritance rights, and even access to medical information. A common question we hear is how long do I have to file for…

    How Retirement Accounts Are Divided in an Indiana Divorce

    On Behalf of Dixon & Moseley, P.C. | Feb 3, 2026 | Uncategorized

    One of the most stressful—and often misunderstood—parts of a divorce is what happens to retirement accounts in a divorce. For many people, their 401(k), pension, or IRA is the largest asset they own besides their home. The thought of splitting it with their soon to be former spouse can feel overwhelming. Understanding how Indiana courts divide retirement accounts can help…

    Can a Child Choose Which Parent to Live With in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Jan 28, 2026 | Uncategorized

    In Indiana, a child does not get to decide custody on their own. There is no specific age at which a child suddenly gets to choose which parent they will live with. Instead, Indiana courts decide custody based on what is in the best interests of the child. That means the outcome of your case depends on the evidence presented…

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