how to file a restraining order indiana

3 min read 17-01-2025

Obtaining a restraining order, also known as a protective order, in Indiana is a legal process designed to protect individuals from harm or harassment. This guide outlines the steps involved in filing for a protective order in Indiana. Remember, this is for informational purposes only and does not constitute legal advice. Consult with an attorney for personalized guidance.

Understanding Indiana Protective Orders

Indiana offers several types of protective orders, each with specific requirements and procedures. The most common are:

Domestic Violence Protective Orders: These orders protect victims of domestic violence from abusers they have a significant relationship with. This includes spouses, former spouses, cohabitants, or those who share a child.
Stalking Protective Orders: These are for victims of stalking, which is defined as repeated and unwanted actions that cause fear of harm or death.
Protective Orders for Children: These orders protect children from abuse or neglect, often granted in conjunction with custody cases.

The type of order you need depends on your specific circumstances. An attorney can help you determine which type of protective order is appropriate for your situation.

Steps to Filing for a Restraining Order in Indiana

The process can vary slightly depending on the county and type of protective order. However, the general steps are:

1. Gather Necessary Information

Before you begin, collect any evidence that supports your claim. This may include:

Photos and videos: Document any injuries, damage to property, or instances of harassment.
Texts and emails: Save copies of threatening or harassing communications.
Police reports: If you've already reported the abuse or harassment to law enforcement, obtain copies of the police reports.
Witness statements: If anyone witnessed the abuse or harassment, gather their contact information and willingness to testify.

2. Complete the Petition

You'll need to complete a Petition for Protective Order. These forms are available at your local county courthouse or online. The petition requires detailed information about the respondent (the person you want the order against), the nature of the abuse or harassment, and the relief you're seeking (e.g., no contact, relocation assistance).

3. File the Petition

Take your completed petition, supporting documentation, and any filing fees to the clerk of the court in the county where you reside. You will likely need to pay a filing fee. There may be options for fee waivers if you qualify.

4. Serve the Respondent

The respondent must be officially notified of the petition. This is typically done through personal service, meaning a process server hands the respondent a copy of the petition and a summons. The court will provide instructions on how to legally serve the respondent. You can often hire a process server through the clerk's office.

5. Attend the Hearing

A hearing will be scheduled where a judge will hear evidence and determine whether to issue a protective order. You will need to present your evidence and testify under oath. The respondent has the right to attend and present their side of the story. It is highly recommended you bring an attorney.

6. Obtain the Protective Order

If the judge finds in your favor, a protective order will be issued. This order legally prohibits the respondent from certain actions, such as contacting you, coming near your home or workplace, or possessing firearms. Violation of a protective order is a criminal offense.

Seeking Legal Assistance

Navigating the legal system can be complex and stressful. It’s crucial to seek legal advice from a qualified attorney specializing in family law or domestic violence. They can guide you through the process, help you gather evidence, and represent you in court.

Resources

Indiana Coalition Against Domestic Violence (ICADV): [Insert ICADV website link here]
National Domestic Violence Hotline: [Insert National Domestic Violence Hotline phone number and website link here]

Remember, you are not alone. Help is available. Take the first step towards safety and seek assistance today.