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Indiana Protective Orders Laws

In the beginning, all that attention you got from your ex was really flattering. But now that your relationship is over, it’s starting to feel scary and dangerous. You want to keep an unwanted follower away from you, but what can you do? If you’ve heard of restraining orders but have been wary of them because you don’t know how they work, this article can give you a brief summary of protective orders laws in Indiana.

Protective Orders Laws

Protective orders are court-ordered documents that require the person named in the order to stay a certain distance away from the person seeking the order. Also known as "restraining orders," protective orders are mostly used to protect abused spouses and exes from their abusers, but may also be used as an attempt to keep stalkers away.

Code Section

34-26-5-1, et seq.

Activity Addressed by Order

Enjoin contact; exclude from dwelling; regarding minor children: support, custody, maintenance, counseling; refrain from disturbing peace of petitioner; refrain from damaging petitioner's property; order possession of property; pay attorney fees

Duration of Order

Emergency: 60 days maximum. General: maximum 1 year, may be extended, maximum 1 additional year

Penalty for a Violation of Order

Confinement in jail, prison, and/or fine

Who May Apply for Order

Person or member of the petitioner's household

Can Fees Be Waived?

Yes, but may collect from party against whom the order is sought if court finds issue meritorious

Order Transmission to Law Enforcement

Transmit by the end of the same business day a copy to each law enforcement agency designated by petitioner. Some orders must be entered into Indiana Data and Communication System (IDACS)

Civil Liability for Violation of Order

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The curbing of domestic violence is a top priority in Indiana, and survivors of domestic violence (as well as those that feel threatened) have numerous options to protect themselves from further harassment and abuse. Although protection orders are not a perfect deterrent to every harmful scenario, they can provide a victim with some criminal recourse if an abuser violates an order. Indiana has emergency protection orders, which be put in place in order to give the threatened person more time to request a longer-term order. Also, if you have a valid protection order issued by one state, federal protection order law requires other states to honor and enforce that order.

Indiana Protective Orders Laws: Related Resources

The process of obtaining and enforcing a protective order can seem complex and burdensome. If you would like legal assistance, you can contact an Indiana domestic violence attorney in your area to discuss your case. For more introductory information on this topic, you can also visit FindLaw’s Orders of Protection and Restraining Orders section.

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