If you have had a civil protective order issued against you in Indiana, you may feel like the system is stacked against you. However, it is crucial to understand that you have legal rights and options to challenge the order if you believe it was issued improperly or unfairly. The key is to act swiftly and decisively. The assistance of an attorney can help you navigate this process and advocate for your rights. This blog will discuss the importance of timing when challenging a civil protective order in Indiana.
When challenging a civil protective order, time is of the essence. You typically have just 30 days from the date the protective order was issued to file an official request for a hearing to contest it. Miss this deadline, and you may be stuck with the restrictive terms of the order for its entire duration, which can be up to two years. To successfully overturn or modify a civil protective order at a hearing, you will need strong evidence and legal arguments refuting the claims of harassment, abuse, or threats that led to the order’s issuance. Gather any potential witnesses, documentation, photos, voice recordings, or other proof that could help demonstrate the accuser’s allegations are unfounded or exaggerated.
You will also want an experienced attorney well-versed in Indiana protective order laws to make the most persuasive case possible in court. Having skilled legal counsel can make a substantial difference in the hearing’s outcome. The stakes are high when challenging a civil protective order. If you fail to get it modified or overturned, you will remain bound by all the restrictive terms. This could mean being forced to have no contact with the petitioner, stay away from their home/workplace, move out of the shared residence, and more.
Violating any civil protective provision, even if you believe it is unjustified, can open you up to potential criminal charges, fines, and even jail time for contempt of court. Notably, it is critical not to take the order lightly or ignore it while awaiting your hearing. Acting quickly to exercise your legal rights is paramount when dealing with an unwarranted civil protective order. Indiana courts aim to prevent harassment and abuse, but they can also make mistakes or issue orders based on one-sided or exaggerated claims.
If you have had a protective order issued against you unfairly, do not delay. The sooner you engage legal counsel and file for a hearing, the better your chances of successfully challenging the order and protecting your freedoms and reputation. A swift defense is your best recourse. The attorneys at Ciyou & Associates, P.C. have ample experience with civil protective orders throughout Indiana. We are here to help you with your civil protective order matter. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.
