Protective Orders

Safety is a fundamental need for every family. When conflict escalates to threats or violence, taking legal action becomes a crucial step to protect yourself and your loved ones. A civil protective order offers a vital layer of security. It gives law enforcement the authority to intervene and stop further harm.

At McNeelyLaw LLP, our friendly and professional attorneys can help you set up an effective protection order. We will guide you through your legal options in Indiana so you can make the best choices for your family.

Obtaining a Protective Order in Indiana

Defining the Parties

The legal system uses specific terms to identify the people involved in a protective order case. The person asking the court for protection is known as the petitioner. The individual accused of causing harm or making threats is the respondent. Understanding these roles is the first step in the legal process. 

Eligibility for a Protective Order

Indiana law sets specific rules about who can seek a protective order against someone else. A person can file against a family or household member. The state defines a family or household member using a few different criteria. This group includes current or former spouses, people who share a child together or individuals related by blood. It also covers people who are currently dating or have dated in the past.

When Is a Protection Order Necessary?

A protection order is highly beneficial when you face immediate threats to your safety. If you are a victim of domestic violence, stalking or a sex offense, this legal tool can stop the respondent from coming near you. It provides police officers with the clear authority they need to act if the respondent violates the terms. Seeking this order is a proactive way to stop a potentially dangerous situation from escalating.

The Filing Process

Any individual who is a victim of domestic violence, stalking or a sex offense can file a petition for a protective order. A parent or guardian can also file on behalf of a minor child. You must submit the correct documentation to the court and provide specific details about the abuse.

When completing your petition, you should include the following information:

• Specific dates when the violence or threats occurred
• Detailed descriptions of the violent incidents
• Names of any witnesses to the events

After you submit the form, a judge will review the request. The court can grant the petition without the respondent being present.

Types of Protection Available

A judge can customize a protective order to fit the unique details of your situation. The court might impose several different restrictions to keep you safe.

These restrictions often include:

• Requiring the respondent to refrain from contacting you or your household members
• Ordering the respondent to move out of a shared residence
• Prohibiting the respondent from possessing firearms or ammunition

The court can also set specific rules about communication. For example, a judge might restrict contact to email only for matters related to child custody or child support.

Duration and Modification

Once the court issues a protective order, it generally remains in effect for 2 years. The judge can specify a different duration if the situation requires it. If you still feel threatened as the expiration date approaches, you can ask the court for an extension. A judge can also modify the terms of the order if your circumstances change over time.

Receive the Legal Support You Need

Dealing with family violence is difficult. You deserve compassionate legal support to help you through this challenging time. The dedicated attorneys at McNeelyLaw LLP will treat you with the dignity, respect and fairness you deserve. With 50 years of legal experience, our team knows how to handle sensitive family law matters efficiently. Contact McNeelyLaw LLP today to schedule a consultation. We will help you take the necessary steps to protect your future.