In the midst of family law proceedings, such as divorce or child custody disputes, tensions can run high. Unfortunately, in some cases, these tensions can escalate to the point where one spouse feels threatened or unsafe. In Indiana, protective orders serve as a crucial legal tool to ensure the safety and well-being of individuals facing domestic violence or threats. This blog will explore why someone might need a protective order against their spouse during a family law proceeding in Indiana.
A protective order, also known as a restraining order, is a court-issued document that prohibits an individual from contacting, approaching, or harming the person who sought the order. In Indiana, these orders can be issued in cases of domestic or family violence, stalking, or sexual offenses. The most apparent reason for seeking a protective order is when a spouse has inflicted physical harm or made credible threats of violence. This can include hitting, pushing, or any form of physical abuse. While not always physical, emotional and psychological abuse can be equally damaging. This might include constant belittling, intimidation, or threats to harm oneself or others. If a spouse is persistently following, watching, or contacting the other partner against their wishes, a protective order may be necessary to stop this behavior.
When there are concerns about a child’s safety due to a spouse’s behavior, a protective order can include provisions to protect the children as well. There are also instances where one spouse is using financial means to control or manipulate the other, a protective order can help address this form of abuse. If a spouse’s substance abuse problems are leading to erratic, dangerous, or abusive behavior, a protective order might be needed to ensure safety. During divorce sometimes, the stress and emotions of a divorce can cause one spouse to act out in threatening or dangerous ways, necessitating legal protection. This can be common for partners who are narcissists or have narcissistic traits.
Obtaining a protective order can significantly impact family law proceedings such as custody and visitation, property division, and spousal support. A protective order can affect custody arrangements and may result in supervised visitation for the spouse against whom the order is issued. It may influence decisions about who remains in the family home during the divorce proceedings. Any evidence of abuse can be considered when determining spousal support obligations.
To obtain a protective order in Indiana you must file a petition with the court, detailing the reasons for seeking protection. The court may issue an ex parte order for immediate protection, then a hearing will be scheduled where both parties can present their case. If granted, the order can last up to two years and may be renewed if necessary. Before pursuing a protective order, it is helpful to seek legal advice from an experienced attorney to understand all legal ramifications associated. Consider the seriousness of the threat or abuse, or the potential impact on family dynamics, especially if children are involved. Also, consider the need for additional support, such as counseling or shelter services.
Protective orders serve as a vital safeguard for individuals facing threats or abuse during family law proceedings in Indiana. While the decision to seek such an order is serious and should not be taken lightly, it can be a crucial step in ensuring personal safety by creating a foundation for resolving family law matters in a secure environment. If you are considering seeking a protective order, it is essential to consult with an experienced family law attorney who can guide you through the process and help protect your rights and safety. Remember, your well-being and that of your children should always be the top priority. The attorneys at Ciyou & Associates, P.C. have extensive experience with protective order matters throughout Indiana. We are here to help you with your protective order proceedings. 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.
