Protection Orders (also known as Restraining Orders)

Protection order cases can move quickly and may immediately affect your home, family, employment, parenting time, property, and ability to possess firearms. In some cases, the court may enter restrictions before the Respondent has had an opportunity to present evidence.

The attorneys at Jones Law Office have substantial experience representing both Petitioners and Respondents in Indiana protection order cases. Whether you are seeking protection or defending against allegations, we will listen carefully, explain the process, help preserve and organize the evidence, and prepare your case for court.

What Is an Indiana Protection Order?

A protection order, also commonly called a protective order or restraining order, is a civil court order intended to protect a person from domestic or family violence, stalking, a sex offense, or repeated acts of harassment.

The person requesting protection is called the Petitioner. The person against whom the order is requested is called the Respondent.

A criminal charge or conviction is not required before someone may request an Order for Protection. The same alleged conduct may, however, also lead to a criminal investigation or prosecution. A civil Order for Protection is also different from a criminal no-contact order, although both may be in effect at the same time.

Who Can Seek an Order for Protection?

Under Indiana law, a person may seek an Order for Protection after experiencing:

• Domestic or family violence
• Stalking
• A sex offense
• Repeated acts of harassment

A parent, guardian, or other authorized representative may also request protection for a child in qualifying circumstances. A family or household relationship is generally important when the petition is based on domestic or family violence, but such a relationship is not necessarily required for allegations involving stalking, a sex offense, or repeated harassment.

What Is an Ex Parte Order for Protection?

“Ex parte” means the judge initially considers the petition without first hearing from the Respondent. The Respondent may not learn about the case until after the judge has entered the order and the papers are served. Depending on the relief requested, the court may schedule a hearing automatically or the Respondent may need to request one. A petition based solely on harassment requires notice and a hearing rather than an ex parte order.

What Can an Indiana Protection Order Require?

The terms of an Order for Protection depend on the allegations, the relief requested, and the evidence presented. A court may order the Respondent to:

• Stop committing or threatening domestic or family violence
• Stop harassing, calling, messaging, or communicating with the Petitioner
• Have no direct or indirect contact with the Petitioner
• Stay away from a home, workplace, school, or other specified location
• Leave a shared residence
• Give the Petitioner temporary possession of a home, vehicle, personal property, or family pet
• Follow restrictions involving parenting time or child exchanges
• Pay certain support, housing, medical, or attorney-fee expenses
• Stop using tracking devices
• Surrender firearms, ammunition, or other weapons when authorized by law

Some relief may be entered immediately. Parenting-time, financial, GPS-monitoring, and firearm provisions generally require notice and a hearing.

Why Should I Speak with a Protection Order Attorney?

The forms may appear straightforward, but protection order cases often turn on specific facts, supporting evidence, procedural deadlines, and the precise relief requested. Filing an incomplete petition can delay needed protection. Failing to respond properly to an order can result in serious personal and legal consequences.

Jones Law Office can help clients avoid common problems such as:

• Using vague allegations or omitting important dates, witnesses, or supporting records
• Requesting relief that is not available without notice and a hearing
• Missing a hearing date or the opportunity to request a hearing
• Deleting or failing to preserve texts, emails, recordings, and other evidence
• Contacting the Petitioner when direct or indirect contact is prohibited
• Failing to coordinate the protection order with a related divorce, custody, paternity, juvenile, or criminal case

Seeking a Protection Order

When your safety or the safety of your child is at risk, the way the petition and evidence are presented can make a meaningful difference. A petition should provide specific facts explaining what happened, when and where it occurred, who witnessed it, and what protection is needed.

Useful evidence may include texts, emails, voicemails, call records, photographs, recordings, medical records, police reports, social-media communications, location information, or testimony from people who witnessed relevant conduct.

Our attorneys can help prepare the petition, identify appropriate relief, organize the supporting evidence, prepare witnesses, and represent you at the hearing.

Defending Against a Protection Order

Being served with a protection order can affect where you live, where you work, whom you may contact, your relationship with your children, and your ability to possess firearms. The allegations and order may also be publicly searchable.

A Respondent may be able to request a hearing. At that hearing, the defense may challenge whether the allegations meet Indiana’s legal requirements, provide missing context, question the reliability of the evidence, call witnesses, and address whether the requested restrictions are supported. Hiring an attorney to protect your interests is critically important.

Protection Orders, Family Law, and Criminal Cases

Protection order cases often overlap with divorce, paternity, custody, and parenting-time proceedings. A protection order court may impose temporary parenting-time conditions, but the protection order case does not necessarily resolve permanent custody, property division, or every other family-law issue. Related cases and orders must be coordinated carefully.

An Order for Protection is a civil order, but the same events may also result in a criminal investigation. Knowingly or intentionally violating a qualifying protection order or no-contact order may lead to an Indiana charge of invasion of privacy and may also result in contempt proceedings.

What We Do for You

Protection order cases require immediate attention, careful preparation, and a clear courtroom strategy. Our attorneys can help with every stage of the process, including:

Prepare or respond to the petition

We identify the legally important facts, prepare or review the court papers, and address the specific relief being requested.

Preserve and present the evidence

We help organize texts, photographs, recordings, reports, witness testimony, and other records in a form that can be used effectively in court.

Prepare for the hearing

We explain what to expect, prepare testimony and witnesses, challenge unsupported allegations when appropriate, and present your position to the judge.

Address related family-law or criminal issues

We coordinate the protection order with related divorce, custody, paternity, juvenile, or criminal proceedings and advise you about the consequences of an alleged violation.

Seek appropriate post-hearing relief

When available, we can address modification, extension, dismissal, termination, appeal, or expungement of qualifying records.

Need an Indiana Protection Order Attorney?

Whether you need protection or have been served with a petition, you should not have to face the process without experienced legal representation.

The attorneys at Jones Law Office are here and ready to help, from reviewing the circumstances and preparing the necessary court papers to organizing the evidence and representing you at a contested hearing.

Call Jones Law Office at (574) 239-7017 or fill out the form to schedule a free consultation today.