In Indiana, a restraining order is called a Protective Order. If someone violates a protective order in Indiana, it can lead to a Class A Misdemeanor, which can carry a sentence of up to one year in jail, a criminal record and a maximum fine of $5,000. In some cases, if the respondent has a prior conviction for violating Indiana protective orders, they may face a Level 6 felony for their violation, which can involve six months to two and a half years imprisonment and a fine of up to $10,000.
Violations of protective orders can include actions such as contacting the protected person, physical proximity, threats or intimidation, third-party contact, property damage, cyberstalking, and refusal to surrender firearms.
There are two types
They work the same, but one is short-term, and the other is longer-term:
- Emergency Protective Orders are temporary orders issued to provide immediate protection. The petitioner can obtain one without the abuser being present (ex parte), and they typically last until there is a full hearing.
- Permanent Protective Orders are issued after a court hearing, during which both parties present their cases. They can last for a longer period, often up to two years, but can be extended if necessary.
Process of obtaining a Protective Order
While there are two kinds, the filing process is similar:
- Filing a petition: The petitioner must file a petition at their local county courthouse. They can do this without an attorney; many courts provide forms and assistance.
- Ex Parte order: If the judge believes the petitioner is in immediate danger, they may issue a temporary (ex parte) protective order. This order is effective immediately but is temporary.
- Service of process: The respondent (the person the order is against) must be served with a copy of the petition and the temporary order. Law enforcement usually does this.
- Hearing: A court hearing will be scheduled, usually within 30 days. Both the petitioner and the respondent will have the opportunity to present evidence and testify.
- Final Order: If the judge finds sufficient evidence, they will issue a final protective order. This order can include provisions such as no contact, stay-away orders, and other restrictions tailored to the situation.
What if the petitioner contacts the respondent?
It’s important to note that even if the petitioner initiates contact or seeks a reconciliation, it will likely still violate the protective order. This means that even if the contact is consensual, it does not absolve the person of the consequences of violating the order.
Courts and police aggressively enforce them
Life can be complicated. If you find yourself identified as a respondent, it is essential to seek legal advice from an experienced criminal defense attorney. While protective orders are a significant tool to help protect victims of domestic violence and their families, respondents have the right to defend their legal rights within the confines of the legal system.