Intimate and personal relationships between humans are not always mild and cordial. There are almost unlimited situations where people can have such a toxic relationship and be hostile to one another that it can be dangerous. When the threat of harm or death exists between different parties the person on the receiving end of the prospective peril can feel uncertain, scared, and in distress. Rightfully so.
If you are living in fear because of a menacing party, a restraining order may be one action you can take to give yourself some amount of protection. If you need help obtaining a restraining order in Indiana, Christopher L. Arrington is a Danville family law attorney who can advise you on your options and help you with your objectives.
How to Get a Restraining Order
When a restraining order is in place, a victim can have a form of protection from harm that goes into effect immediately. Also, it is meant to help protect a victim from any potential future abuse.
If you believe that you must resort to a restraining order against a party that is intimidating, you will have to show why. People are not just granted restraining orders because they request them. The burden of proof falls on the person that is asking for it.
In some situations, though, a court could decide that an “ex parte” order applies. In this situation, a protective order is established even without having feedback or testimony from the party that is being accused. Then, it could take as long as a month to have an official hearing date set for a firm protective order.
To be granted a protective order it must be shown that at least one violent act happened as defined under Indiana’s statutes. Some examples include sexual assault, physical abuse, verbal threats, putting a person in a position where they feared for their survival, and stalking. These are just a sampling of the statutorily defined violent acts that may qualify.
It can be incredibly distressing to feel uneasy about your living situation. If you are a parent to a child with your child’s other parent being the aggressor, you are likely fearing for both your life and the life of your child.
Family violence happens. The research from the National Health Institutes shows that more than 45 million American children will be exposed to violence. When a man batters his wife, he is more likely to also do so to his children. These men are known to batter children as high as 60% of the time if they also were prone to abusing the child’s mother.
Speak to an Indiana Family Law Attorney Today
Being fearful of what the future holds because an unsafe person is lurking nearby is not any position in which anyone wants to be. If you need help with a protection order in Indiana, call Christopher L. Arrington. Christopher L. Arrington is an Indiana domestic battery lawyer that may be able to help you preserve your safety. To schedule a free consultation, please call (317) 745-4494.