Protective Orders
Purpose
Civil protection orders are available for situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. These types of situations can be very dangerous and even result in death.
Taking a step like filing for a protection order can offer a level of safety but also increase your risk. There are resources available to help you take this step safely. If you wish to request a protection order, please consider seeking help from an advocate. You can find advocate information through the Protection Order E-filing Service.
Types of Protective Orders
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Order for Protection: This is the most common type, used in cases of domestic or family violence. It can include emergency ex parte orders, which are granted without the presence of the respondent, and full orders that require a hearing. Under Indiana Code 34-26-5, individuals who have experienced harm or harassment from a family or household member can seek this order.
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No Contact Order: Typically issued during criminal proceedings, this order prohibits the defendant from contacting the victim, providing security during the legal process. This order, initiated by the court, prohibits the defendant from contacting the victim, providing security during the legal process.
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Stalking Protection Order: Available for individuals experiencing repeated, unwanted behavior causing fear or emotional distress, particularly when there is no familial relationship with the perpetrator. For victims of stalking, the “Stalking Protection Order” is available. Indiana Code 35-45-10-1.
Filing Process
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Eligibility: Individuals who have experienced harm or harassment from a family or household member can seek an Order for Protection under Indiana Code 34-26-5.
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Filing: Petitions can be filed online or in person at local courts. The process is designed to be straightforward, with no filing fees to ensure accessibility.
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Required Information: The petition must detail incidents of abuse or threats and specify the protective measures sought.
Enforcement and Penalties
- Indiana prioritizes the enforcement of protection orders to ensure safety. Law enforcement officers are authorized to arrest individuals who violate these orders. Indiana Code 34-26-5-3 requires that protection orders be entered into the Indiana Data and Communications System (IDACS), making them accessible to law enforcement statewide.
- Violating a protection order is a Class A misdemeanor under Indiana Code 35-46-1-15.1, punishable by up to one year in jail and fines up to $5,000. If the violation involves a deadly weapon or results in harm, it may be elevated to a Level 6 felony, with penalties including up to 2.5 years of imprisonment and fines up to $10,000. These penalties reflect the seriousness with which Indiana treats protection order violations.
Tutorials and Instructions on how to file can be located HERE
Protective Order Forms
Protective Order E-Filing
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