Protective orders, also known as restraining orders, are legal documents designed to protect individuals from harassment, abuse, or threats. In Indiana, the courts take these matters seriously and have specific criteria for issuing such orders. Protective orders are common in family law proceedings as divorce can be an emotionally charged time. This blog post will explore the facts and circumstances that justify the issuance of a protective order in Indiana.
Before diving into the specifics, it is important to understand what a protective order is. In Indiana, a protective order is a civil court order that prohibits an individual (the respondent) from contacting, approaching, or harming another person (the petitioner). Indiana law allows for the issuance of protective orders under various circumstances, such as domestic or family violence, stalking, sex offenses, and repeated acts of harassment.
Domestic or family violence includes attempting to cause, threatening to cause, or causing physical harm to a family or household member. It also covers placing a family or household member in fear of physical harm. Stalking is repeated harassment that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened. Sex offenses include rape, criminal deviant conduct, child molesting, sexual battery, and other sex crimes. Repeated acts of harassment are continuous or repeated contact that would cause a reasonable person to suffer emotional distress.
Specific circumstances that may justify a protective order include physical abuse, threats of violence, sexual abuse, emotional abuse, property damage, cyberstalking, unwanted contact, and animal abuse. Physical abuse is any instance of hitting, kicking, pushing, or other forms of physical violence. Threats of violence are verbal or written threats to harm the petitioner or their loved ones. Sexual abuse is forced sexual acts or threats of sexual violence. Emotional abuse is constant criticism, humiliation, or attempts to control the petitioner’s actions. Property damage is the destroying or threatening to destroy the petitioner’s belongings. Cyberstalking is using technology to harass, threaten, or intimidate the petitioner. Unwanted contact is repeated calling, texting, or showing up at the petitioner’s home or workplace against their wishes. Animal abuse is harming or threatening to harm the petitioner’s pets.
To obtain a protective order in Indiana, the petitioner must first file a petition with the court, detailing the facts and circumstances justifying the need for protection. Then the petitioner will need to attend a hearing where both parties can present their case and prove to the judge that the alleged acts occurred, and that protection is necessary.
Protective orders serve as a crucial tool in safeguarding individuals from various forms of abuse and harassment. In Indiana, the courts consider a wide range of circumstances when deciding whether to issue these orders. If you believe you are in a situation that warrants a protective order, it is advisable to consult with a legal professional or contact local domestic violence resources for guidance and support. The attorneys at Ciyou & Associates, P.C. have an abundance of experience with protective order proceedings throughout Indiana. We are here to help you with your protective order issue. 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.
