Restraining Orders in Indiana

Restraining Orders in Indiana, what types exist, where to find forms and what happens when you are the alleged abuser.

There are a variety of restraining orders that can be filed against a person in the state of Indiana. They include; Protection Orders, No Contact Orders, and Workplace Violence Restraining Orders. Attached is one of the forms found on the Indiana Government website, here is a full list of forms needed in a restraining order procedure. A lot of information goes into each form, depending on who is filing it, what they are filing it for and what their connection is with the person its filed against. In addition to this information, the person filing it will need to describe each incident they encountered with the person accused. You can also file restraining orders on behalf of a child. 

What if I am the Accused?

When someone orders a protective order against you, the order may be issued immediately, meaning you are legally bound to obey whatever the order says to do. If you fail or are caught not following the order, you could face serious criminal offenses. 

Once the order is requested, the accuser has 30 days to defend himself/her and present evidence to the court to justify the order.

It can be easy to breach the conditions of a protective order, so if you are ever served with one, you should know every detail about it and make sure that you are clear on each term. Terms can include, contact with a specific distance, the alleged abuser could also lose the right to possess a firearm. If you accidentally violate a restraining order you are breaking Indiana Code 35-46-15 and should see a criminal defense attorney as soon as possible. 

Will I be notified?

You will be served with a restraining order once someone files it against you. If the restraining order is serious, the accuser could be able to file it without notifying the alleged abuser. However, the plaintiff must come before a judge and then a decision will be made on how or if the perpetrator will be notified. 

The state of Indiana has a portal where you can look for an existing restraining order, you can access it here

 

 

 

 

 

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Brad Banks
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Criminal Domestic Abuse and Violence