Protective Orders / Restraining Orders

What is a protective or restraining order?

A protective order is a civil (not criminal) order that restricts the type of contact an individual, the "Respondent," may have with the person requesting the protective order, who is called the "Petitioner." If you wish to report a crime, the most appropriate course of action is to contact the local police or prosecutor to report the offense.

Most commonly, a protective order requires the Respondent to refrain from contacting the Petitioner or threatening members of the Petitioner's household. Along with prohibiting contact, the court may enter additional orders. The court can require the Respondent to vacate a residence, restrict possession of firearms, and/or pay child support. The court does have the authority to create certain exceptions to the general prohibition on contacting the Petitioner. For example, the court may restrict how the parties communicate (e.g., via e-mail only) and/or the subjects on which the parties may communicate (e.g., only about pick-up and drop-off of the parties' children).

A protective order may be obtained against a family or household member. Indiana statute defines a family or household member as:

  • A person who is a current or former spouse;
  • A person who is dating or has dated;
  • A person who is engaged or was engaged in a sexual relationship;
  • A person who is related by blood or adoption;
  • A person who is related or was related by marriage;
  • A person who has an established legal relationship or previously established a legal relationship:
    • as a guardian
    • as a ward;
    • as a custodian;
    • as a foster parent; or
    • in a capacity similar to those listed.
  • A person who has a child in common; and
  • A minor child of a person in a relationship described above.

Why obtain a protective order?

A protective order provides law enforcement agencies the ability to intervene in a potentially dangerous situation at an earlier stage than might otherwise be possible. For instance, if an individual walks in front of your house or makes vague threats, a crime may not have been committed. However, if a protective order prohibiting contact has been entered, a law enforcement officer would likely be able to arrest the offending person for such an action. In addition, if a protective order is violated, the Petitioner may seek civil remedies for contempt of the order or request that criminal charges be filed.

How to obtain a protective order.

Any individual may obtain a protective order without cost if they are the victim of domestic violence, stalking, or a sex offense. The process begins by completing a petition and filing it with the appropriate court. Once the form is completed, a judge will evaluate the request and either grant or deny the petition. A protective order may be obtained ex parte, which means the Respondent does not need to be present for the petition to be granted. However, if the protective order is entered, the Respondent does have the right to request a court hearing within 30 days of receiving notice of the protective order.

Each county has slightly different procedures and an individual with questions about where to apply for a protective order should contact an attorney or the appropriate county clerk's office for assistance. Indiana has standard forms which are utilized in protective order cases.

These forms can be found at http://www.in.gov/judiciary/forms/po.html.