Restraining orders, also known as protective orders in Indiana, are court orders that place restrictions on an individual from contacting or being within the vicinity of another individual. They are generally granted in cases involving domestic violence, but that is not the only reason that a restraining order can be granted. They typically restrict the alleged offender from having any contact with the individual who filed for protection. Such orders can exclude you from living in a shared residence, enjoying parenting time with your child, and require you to pay for medical services and property damage.
Violating a protective order is considered a crime in Indiana and can result in significant penalties. However, a restraining order is considered a civil matter (not a criminal one), making it easier to obtain than a criminal conviction because the burden of proof is substantially lower.
Grounds for Restraining Orders in Indiana
In Indiana, a petitioner needs to provide grounds to the court or explain why the protection order is needed. Such grounds include:
- The petitioner is the victim of domestic violence, a sex crime, stalking, or repeated harassment.
- The petitioner is a parent who has a minor under their care who is the victim of domestic violence, a sex crime, sex grooming, stalking, or repeated harassment.
- The petitioner is the victim of unlawful violence or a credible threat of violence.
Orders of protection are typically granted ex parte, meaning they are granted without a hearing. After the defendant is served with a copy of the protection order, there is a hearing scheduled to determine whether the temporary order should be made into a permanent one.
What Must You Prove to Obtain a Protection Order in Indiana?
What you must prove depends entirely on the reason why you are requesting the protection order. For domestic or family violence, you must be able to establish that you are related to the individual whom you are seeking the order of protection against. You must be able to prove:
- You are a current or former spouse of the perpetrator
- You are the dating partner or former dating partner of the perpetrator
- You are engaged or formerly engaged in a sexual relationship
- You are a parent with a child in common with the perpetrator
- You are related by blood, marriage, or adoption
- Other relationships recognized by law include a ward, guardian, or the foster parent of a child
Once the relationship is established, the alleged victim must prove that the family or household member committed at least one of the following acts:
- Causing or attempting to cause or threatening to cause physical harm
- Placing the petitioner in fear of physical harm
- Causing the petitioner to involuntarily engage in sexual activity by force, duress, or threat of duress
- Killing or harming a pet
Other types of protection orders do not require a family relationship to exist.
Talk to a Danville, IN, Domestic Violence Attorney Today
Chris Arrington represents the interests of those attempting to gain orders of protection against an abusive individual who is harming them, threatening to harm them, or stalking them. Call our office today to schedule a consultation, and we will begin discussing your next steps right away.