Legal Help For Obtaining A Protective Order
If you or your child are in danger of continuing domestic abuse, you can file a petition for an order of protection — commonly referred to as a restraining order — with the circuit court clerk in your county. This is the fastest, surest way to keep the abuser away from you.
Yet obtaining a protective order is not necessarily an easy or straightforward process. There are a number of logistical matters that must be addressed, and it is not always clear how best to address them.
We can help. At DeVries + Kelly, our lawyers are on-hand to offer assistance to individuals seeking protective orders. We know how crucial it is to act quickly, and we leverage our familiarity with the local courts to serve our clients in the swiftest manner possible. With offices in Hamilton County and Indianapolis, we serve throughout the region and are always ready to help.
How The Process Works
In Indiana, protection orders are filed electronically. Both the courts and police officers will have access to the information on the protective order immediately available to them, including a description of the abuser in the domestic assault, as well as if a firearm restriction was ordered.
When you file a protection order, you can request to be notified by email or a text message about further developments, such as approval of the order or when the respondent was served the order. Once granted, the protective order will prohibit the person named in the order from:
- Further threats or acts of violence against the persons listed in the order
- Going near the victim’s home, school and/or workplace
- Harassing, calling or otherwise contacting the persons in the order
Additionally, the respondent may have to give up use of the home or car for the specified period of the protective order, even if they own the home or car.
Emergency orders are generally valid for 60 days. A protective order may be valid for one year and may be extended for another year.
Do You Have A Protective Order Against You?
If you have been served with a protective order, you will want to be sure to understand all of the charges against you — especially if there are criminal charges involved. You have 30 days to request a hearing before a judge.
We can help you understand the charges and how best to follow the order until you can go before a judge to state your side of the matter.
Even if you do not think you did anything wrong, you need to abide by the order until the hearing is over. If you do not, you could face penalties such as time in jail, a fine and even probation.