While often used interchangeably, these terms have distinct meanings in Indiana law:

• Protective Order: A civil order under IC 34-26-5 to prevent domestic violence or stalking, applicable in civil court proceedings.
• No Contact Order: A criminal order issued during cases like battery, often as a condition of bail or sentencing.
• Restraining Order: A broader lay term that may include both or apply to civil issues like property disputes in divorce cases.

As an Indiana restraining order lawyer, I help clients understand these distinctions and provide representation for filing or defending against these orders across the state.

Types of Protective Orders in Indiana

Protective orders in Indiana, governed by the Indiana Civil Protection Order Act (IC 34-26-5), address various threats. Each type serves a specific purpose, and I assist clients in both pursuing and defending against these orders. Below are the main types with detailed explanations.

Domestic or Family Violence Protective Order

A Domestic or Family Violence Protective Order protects individuals from abuse by family or household members, as defined in IC 34-6-2-34.5: “attempting to cause, threatening to cause, or causing physical harm to another family or household member,” placing them in fear, causing involuntary sexual activity, or abusing animals to intimidate. These orders can be temporary (ex parte) or permanent, typically lasting two years unless extended. I help petitioners file these orders and defend respondents against unwarranted claims in areas like Indianapolis and Bloomington.

Stalking Protective Order

A Stalking Protective Order safeguards individuals from repeated harassment causing fear, as defined in IC 35-45-10-1: “a knowing or intentional course of conduct involving repeated or continuing harassment… that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened.” This requires at least two incidents, such as following or unwanted communications (IC 35-45-10-3). No family relationship is needed, and I assist clients in filing or challenging these orders in places like Carmel and Anderson.

Sexual Assault Protective Order

A Sexual Assault Protective Order protects victims of sex offenses under IC 35-42-4, like rape or sexual battery. Per IC 34-26-5-2, a petitioner must allege they are a victim of such an offense. These orders can be indefinite if the respondent is a registered sex offender and the petitioner was the victim (IC 34-26-5-9(g)). I represent clients seeking protection or defending against these orders in counties like Marion and Hamilton.

Workplace Violence Protective Order

A Workplace Violence Protective Order, under IC 34-26-6, is filed by an employer to protect an employee from workplace violence or credible threats. It prohibits the respondent from contacting the workplace or employee. I assist employers in filing these orders and respondents in defending against them, ensuring fair outcomes in areas like Fishers and Noblesville.

Legal Requirements to Get a Protective Order in Indiana

Filing a protective order in Indiana requires meeting specific criteria under IC 34-26-5. Petitions are filed without fees (IC 34-26-5-16), in a court of record in the county of residence or incident (IC 34-26-5-4). Evidence must show a preponderance of the evidence, and lapse of time does not bar relief (IC 34-26-5-13). Below are the requirements for each type, relevant for both petitioners and respondents.

Requirements for Domestic or Family Violence Protective Order

Petitioners must be victims of domestic or family violence by a family or household member (spouses, relatives, dating partners, per IC 34-6-2-44.8). The act must involve physical harm, fear of harm, involuntary sexual activity, or animal abuse (IC 31-9-2-42). IC 34-26-5-2(a)(1) requires alleging such an act. Evidence like police reports or photos is key. Respondents can challenge the evidence or relationship claims at a hearing. I assist both sides in counties like Hendricks and Boone.

Requirements for Stalking Protective Order

A Stalking Protective Order requires evidence of stalking under IC 35-45-10-5, defined as a “course of conduct” with at least two harassing incidents causing reasonable fear (IC 35-45-10-1). No family relationship is needed, and no criminal conviction is required. Respondents can defend by showing the conduct was not harassing or did not cause fear. I represent clients in filing or defending these orders in areas like Greenwood and Plainfield.

Requirements for Sexual Assault Protective Order

Petitioners must be victims of a sex offense under IC 35-42-4, like rape, and allege this in the petition (IC 34-26-5-2(a)(2)). No criminal charge is needed, but evidence is required. For child victims, a guardian can file (IC 34-26-5-2(b)). Respondents can challenge the allegations’ validity. I handle these cases in places like Shelbyville and Franklin.

Requirements for Workplace Violence Protective Order

An employer must show an employee faced unlawful violence or a credible threat at work, with likely repetition (IC 34-26-6-6). Ex parte relief is available, but certain provisions require a hearing (IC 34-26-6-8). Respondents can argue the threat was not credible. I represent both parties in counties like Madison and Johnson.

Frequently Asked Questions

How do I get a protective order in Indiana?

To obtain a protective order in Indiana, you typically need to file a petition in the appropriate court, often the county where the abuse occurred or where you reside. You’ll need to provide evidence of domestic violence, stalking, or harassment. A judge may issue a temporary ex parte order immediately, followed by a hearing for a permanent order.

How can I defend against a protective order in Indiana?

To defend against a protective order, you can challenge the allegations at the hearing by presenting evidence, witnesses, or arguments that refute the petitioner’s claims. An experienced attorney can help you prepare a defense to protect your rights and reputation.

Does a protective order show up on a background check?

In Indiana, protective orders are generally public records and may appear on certain background checks, especially those conducted for employment in sensitive fields or for firearm purchases. However, they are civil in nature and not criminal convictions.

Does a protective order affect firearm rights?

Yes, under federal law (the Lautenberg Amendment), a protective order involving domestic violence can prohibit the respondent from possessing firearms. In Indiana, this restriction applies during the order’s duration and may require surrendering weapons.

What is the protective order registry in Indiana?

The Indiana Protective Order Registry is a statewide database managed by the Indiana State Police that records all active protective orders. It allows law enforcement to quickly verify orders for enforcement purposes.

What is the difference between a protective order, no contact order, and restraining order?

In Indiana, a protective order is a civil court order to prevent domestic violence or stalking. A no contact order is often issued in criminal cases to prohibit contact with a victim. A restraining order is a broader term that can encompass both but may refer to orders in civil matters like harassment.

How long does a protective order last in Indiana?

Temporary protective orders in Indiana can last up to 14 days until a hearing. Permanent orders typically last for two years but can be extended or made indefinite in certain cases.

Can I modify or dismiss a protective order?

Yes, the petitioner can request to modify or dismiss a protective order by filing a motion with the court. The judge will review the request, and a hearing may be required.