Protective orders in Indiana are designed to protect individuals from domestic violence, stalking, harassment, and threats. Whether you are seeking a protective order or have been served with one, understanding Indiana’s protective order laws is essential to protecting your rights and avoiding serious legal consequences.
What Is a Protective Order?
A protective order is a civil court order issued under the Indiana Civil Protection Order Act (Indiana Code § 34-26-5). It is intended to prevent further abuse, harassment, or violence by limiting or prohibiting contact between two individuals.
Although a protective order is a civil matter, violating a protective order is a criminal offense in Indiana and can result in arrest, jail time, and fines.
Who Can File for a Protective Order in Indiana?
You may qualify for an Indiana protective order if you are a victim of:
- Domestic or family violence
- Dating violence
- Stalking
- A sex offense
- Repeated harassment or credible threats
Indiana protective orders are not limited to spouses. They may involve:
- Current or former spouses
- Dating partners
- Family members or relatives
- Roommates
- In some cases, individuals with no prior relationship
What Does an Indiana Protective Order Do?
An Indiana protective order may:
- Prohibit all contact (in person, phone, text, email, or social media)
- Require the respondent to stay away from the petitioner’s home, workplace, or school
- Grant temporary possession of a shared residence
- Address temporary child custody or parenting time
- Order the surrender of firearms and prohibit firearm possession
Responding to a Protective Order in Indiana
If you are served with a protective order:
- Read the order carefully
- Consult an Indiana protective order attorney as soon as possible
- Under Indiana law, a Respondent has thirty (30) days to request a hearing to contest the Petitioner’s request for a protective order
Indiana Protective Order Hearings
At a protective order hearing, both parties may:
- Testify under oath
- Present evidence such as text messages, emails, call logs, photos, or witnesses
- Cross-examine the opposing party
The judge applies a civil standard of proof, which is lower than the criminal standard, making preparation and evidence especially important.
Penalties for Violating a Protective Order in Indiana
Violating a protective order is a criminal offense under Indiana law. Common violations include:
- Contacting the protected person
- Going to prohibited locations
- Communicating through third parties
- Possessing firearms when prohibited
Depending on the facts, violations may be charged as misdemeanors or felonies and can have long-term consequences on criminal records, custody cases, and employment.
Protective Orders and Indiana Family Law
Protective orders often overlap with:
- Divorce proceedings
- Child custody disputes
- Parenting time cases
While a protective order may temporarily address custody or housing, it does not replace a full family court order. Courts may consider protective orders when determining custody and parenting time, particularly when safety concerns exist.
Speak With an Indiana Protective Order Attorney
If you are seeking a protective order—or defending against one—understanding Indiana law is critical. Every case is fact-specific, and mistakes can have lasting consequences.
Contact an experienced Indiana attorney to discuss your rights, options, and next steps. Dixon & Moseley, P.C. attorneys practice throughout the State of Indiana and understand when your safety, freedom, or family is at stake you need an advocate to protect your interests. This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.