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What is an ex parte order of protection in Indiana?

Ex parte orders for protection: An ex parte order can be issued as soon as you file your petition, without the abuser being present or notified beforehand, if you are the victim of domestic/family violence. However, the court cannot issue an ex parte order based only on harassment.

What is the difference between a protective order and a restraining order in Indiana?

A Protective Order vs. There is no specific thing called a restraining order in Indiana. If you have been hurt by someone, endured abuse from a family member, household member, or romantic partner, or are being stalked, you need to speak with an order of protection lawyer at GDS Law Group, LLP.

What happens at an ex parte hearing?

This legal term means both parents are given advance warning of the date and time of the hearing and are both required to attend. An 'ex-parte' hearing is a without notice hearing. This means that one parent has applied to the court and had a hearing without telling the other parent.

Are protective orders public record in Indiana?

The Indiana Protective Order Registry is publicly searchable, making your protective order records available to anyone with access to the Internet. Similarly, the docket showing activity in criminal case files is accessible by searching mycase.in.gov. In other words, these files are open for public access.

What do you need to get a protective order in Indiana?

You obtain a protective order by filing a petition in civil court where you live or where the offender lives. This civil matter is entirely separate from any related criminal case that may be going on. Also, you do not need the other person to have been charged with a crime to seek a protection order.

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How long is a protective order good for in Indiana?

The Order of Protection will last for 2 years (unless the court orders a different date). What happens if I still need protection after the 2 years are up? You can ask the court to renew your Order of Protection. The court has forms you can use to do this.

Are protective orders confidential in Indiana?

(b) The clerk of a court that issues a protective order or the clerk of a court in which a petition is filed shall maintain a confidential file to secure any confidential information about a protected person designated on a uniform statewide form prescribed by the office of judicial administration.

What qualifies for a restraining order in Indiana?

Domestic or family violence; \u2022 Stalking; \u2022 A sex offense, including child grooming, or \u2022 Harassment. A person may also file a petition for a protection order on behalf of a child who has been a victim of domestic or family violence, stalking, a sex offense, harassment, or a victim of sex grooming.

Can a petitioner violate an order of protection in Indiana?

In Indiana, according to Indiana Code 35-46-1-15.1 violating a protective order involving a domestic or family violence case is a Class A misdemeanor. If the courts find you guilty, you could face up to a year in county jail and/or a fine of up to $5,000, in addition to probation.

How long do protective orders last in Indiana?

The Order of Protection will last for 2 years (unless the court orders a different date). What happens if I still need protection after the 2 years are up? You can ask the court to renew your Order of Protection. The court has forms you can use to do this.

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