Domestic violence allegations can shift the course of a family law case in Indiana. It is not only about who said what and when, but it often ends up influencing custody decisions, visitation, and whether the court steps in with a protective order. A recent decision from the Indiana Supreme Court (S.D. v. G.D.) adds some clarity to how judges will approach these situations, especially when someone is asking for a protective order. 

In this case, the court laid out what kind of evidence is actually needed to support one of these requests. And no, it is not the same as proving someone guilty of a crime. Instead, the focus is more on practice: is there a real, credible reason to believe that someone needs protection? That is the heart of it.

What stood out in the S.D. decision is how clearly the Court put safety at the center of its analysis. It is not just one factor among many. It is the court’s main concern. And these matters, because these decisions often have to be made with incomplete information, under stressful circumstances. Still, the legal process cannot be ignored. There’s a balance between respecting due process and taking the necessary steps to prevent harm. 

Background of the case

In S.D. v. G.D., the two individuals were former partners who shared parenting responsibilities for their minor child. At one point, the mother filed a protective order. She said that the father had behaved violently and made threats. During the hearing, she told the court that his actions had made her genuinely afraid for both herself and her child. The trial court found her account believable and issued a protective order that would last for two years.

The father challenged the ruling, arguing that the evidence did not meet the necessary threshold and that the judge had applied the wrong legal test. The case eventually went all the way to the Indiana Supreme Court for review.

What the Indiana Supreme Court had to say

The Indiana Supreme Court affirmed the protective order. In doing so, the court emphasized several key legal principles that apply to protective orders in domestic violence situations:

• A preponderance of the evidence – The standard of proof in domestic violence cases is a “preponderance of the evidence,” meaning that the court believes it is more likely than not. 
• Credibility matters – Appellate courts do not reweigh evidence or reassess credibility. If the trial judge believes the victim’s testimony and the record supports that conclusion, the protective order will stand. 
• A “credible” threat is enough – Indiana law allows protective orders when an act of domestic violence has occurred and the respondent poses a credible ongoing threat. That threat does not need to involve new or future incidents—it may be inferred from past conduct and the surrounding circumstances.

Talk to a Danville, IN, Domestic Violence Attorney Today

Chris Arrington represents the interests of the victims of domestic violence. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.