Table of Contents

• A quick overview of the legal system

Orders for Protection

• What is the legal definition of domestic violence in Indiana?
• What is an Order for Protection? What types are there?
• Who can get an Order for Protection?
• How can an Order for Protection help me?
• How much does it cost to get an Order for Protection?
• What are the steps for obtaining an Order for Protection?
• What will I have to prove at the hearing?
• What should I do before the hearing to prepare my case?
• What should I do on the day of the hearing?
• What is the order of events in the courtroom?
• What should I do when I leave the courthouse?
• What can I do if the abuser violates the order?
• How do I change or extend an Order for Protection?
• What if I move?
   

No Contact Orders (NCO's) and Workplace Violence Restraining Orders (WVRO's)
If you do not qualify for an Order for Protection, you may be able to get one of these types of orders.

• What is a No Contact Order (NCO)?
• What is a Workplace Violence Restraining Order (WVRO)?

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A quick overview of the legal system

The Indiana legal system is divided into two areas: civil law and criminal law.

One of the most confusing things about the legal system is the difference between civil cases and criminal cases. In domestic violence situations, there may be both civil and criminal cases occurring at the same time as a result of the same violent act. The major differences have to do with who takes the case to court and the reason for the case.

• Under civil law, one person sues another for a private wrong. In a civil domestic violence action, you are asking the court to resolve the conflict between you and your abuser. You are not asking the court to punish that person for committing a crime. The protection orders we talk about on this page are under the civil law system.
• The criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, and theft. A criminal complaint involves charging your abuser with a crime.

You may want to pursue both civil and criminal action for maximum protection. However, once you file a criminal complaint, only the prosecutor can decide to drop it. You may also be forced to testify.

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"Domestic" or "family violence" means, except for an act of self-defense, the occurrence of one or more of the following acts committed by a "family or household member":

• Attempting to cause, threatening to cause, or causing physical harm to another family or household member
• Placing another in fear of serious physical harm
• Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress

"Family or Household Members" includes:

• A current or former spouse
• A relative by blood or adoption
• A person with whom you have or had a dating and/or sexual relationship
• A present or former relative by marriage
• An individual with whom you have a child in common
• A person who has or had a legal relationship to you, including as a guardian, ward, custodian or foster parent.
• A minor child of a person in any of the above relationships

The definition of "domestic" or "family violence" also includes stalking and sex offense. Indiana law treats stalking and sex offense as acts of domestic violence, even when the person who committed them is not a "household or family member."

• Sexual offense, including:
  • actual or attempted rape
  • child molestation or exploitation
  • sexual misconduct with a minor (age 16 and under)
  • other sexual offenses
• Stalking is a pattern of behavior. It includes two or more incidents of:
  • Intentional and repeated harassment
  • Conduct that causes a person to feel frightened, intimidated or threatened

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• Ex Parte Orders for Protection. In order to get an Ex Parte Order, you must prove to the court that you, a family or household member, or your property are in immediate danger from the abuser. Ex parte orders are filed without your abuser’s knowledge and without his presence in the courtroom. A court will consider your Petition for an ex-parte order immediately upon your filing it. Ex parte orders can last for up to two years, or until another date specified by the judge. As soon as a ex parte order is issued, your abuser will be notified that you have an order against him. An abuser has 30 days to request a hearing upon service of a Ex parte Order for Protection. An Ex parte Order for Protection will usually last for up to two years, or until the date of a hearing, if one is required by law or is requested by your abuser.
  (IC-34-26-5-10)
   
• Final Orders for Protection. A final Order for Protection can only be issued after a court hearing in which you and the abuser both have a chance to tell your sides of the story. You must attend that hearing. If you do not go to the hearing, your ex parte order may expire and you will have to start the process over. A final order will last for up to two years, unless otherwise stated. Orders may also be extended (See How do I change or extend the order?) 1

In Indiana, you can seek legal protection from acts of abuse done to you or your minor child by:

• a current or former spouse
• a person with whom you have or had a dating and/or sexual relationship
• a relative by blood or adoption
• a present or former relative by marriage
• a person who has or had a legal relationship to you, including as a guardian, ward, custodian or foster parent
• an individual with whom you have a child in common
• a minor child of a person in any of the above relationships

   

You can also file for an Order for Protection against people who have committed stalking or a sex offenses against you or your minor child. The person who committed the stalking or sex offense does not have to be a household or family member.

Note: If your abuser is a co-worker, or is someone who has threatened you at your place of employment, you can file for a Workplace Violence Restraining Order. (What is a Workplace Violence Restraining Order?) You may also be able to file a criminal complaint against that person. 2
 

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Orders for Protection can do many things to protect you from your abuser. Your family can also be protected by an Order for Protection, as long as each person's name is listed on the Petition and Confidential Forms. Some of the things a judge can order can be granted with an ex parte Order, while others require a hearing.

Below is a list of three different categories of things a Judge can order and whether the law requires a hearing. Remember, your abuser (the respondent) can always ask for a hearing, as long as the request is made within 30 days of being served with your ex parte Order.

1. These are things that a judge can order in an ex parte Order for Protection. A hearing is not necessary unless your abuser requests one. A judge may:

• Prohibit your abuser from committing, or threatening to commit, acts of domestic or family violence, stalking, or sex offenses against you and your family or household members.
• Prohibit the abuser from harassing or annoying you through:
  • telephoning
  • direct contact
  • indirect contact
• Order your abuser to stay away from:
  • your residence
  • your school
  • your place of employment
  • other places where you and your family or household members usually go

2. These are additional things that a judge can order in a Ex parte Order for Protection. A hearing is necessary and will be scheduled within 30 days if the judge orders any of these things. A judge may:

• Evict the abuser from your home
• Order the abuser to give you possession and use of:
  • A home you both share
  • A car or other motor vehicle
  • Other necessary personal items
• Additional forms of relief that the judge believes are necessary in order for you to be free from the violence

3. These are things that can only be ordered after a final hearing has occurred. A judge may:

• Order your abuser to pay you money for various expenses, including:
  • Attorney fees
  • Rent/mortgage payments
  • Child support and maintenance
  • Medical expenses
  • Counseling and/or shelter
  • Repair or replacement of damaged property
• Establish parenting time rules, such as:
  • Requiring supervised parenting time between your abuser and your child
  • Denying parenting time altogether
• Prohibit your abuser from possessing firearms, ammunition, or deadly weapons
  • If your abuser owns a firearm, ammunition, or a deadly weapon, the judge may order the him to surrender those items to a local law enforcement agency for the duration of your protection order. 3
     

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Nothing. There is no filing fee to get an Order for Protection nor to get an out of state Order for Protection.

Although you do not need a lawyer to file for an Order for Protection, it may be to your advantage to seek legal counsel. This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on the IN Links & Resources page. In addition, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. You will find contact information for courthouses on the Courthouse Locations & Info page. 4

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What are the steps for obtaining an Order for Protection?
There are two different kinds of Petitions that a person can file: the first allows you to seek protection for yourself, and the second allows you to ask for protection on behalf of a child.

The instructions below explain how to fill out forms for a case in which you are seeking protection for yourself, not on behalf of a child. If you want to apply for an Order for Protection on behalf of a child, you can ask the clerk for the correct Petition and instruction booklet, or you can go to www.in.gov/judiciary/forms/po.html for instructions.

Step 1: Go to Court to file and obtain the Petition. As soon as possible after the abuse occurs, go to the county courthouse in the county:

• Where you live OR
• Where your abuser lives OR
• Where the abuse took place OR

In most counties in Indiana, you can go to any court to ask for a protective order. However, some counties may require that you go to a particular type of court or a particular division in a courthouse. To find the courthouse nearest you, go to Courthouse Locations & Info.

At the courthouse, tell the civil court clerk that you want to file a Petition for an Order for Protection. You can obtain a Petition during normal business hours, Monday through Friday. The clerk will give you the forms. You will fill out a nonconfidential Petition, as well as a confidential form which is standardized across the state. In addition, you can find links to the Petitions online, any time day or night, by going to Download Court Forms.

Step 2:  Bring identification and information about your abuser. In Indiana, you are required to have three specific pieces of information about your abuser in order to file a case. You cannot file a Petition without them:

• Your abuser's correct name AND
• Your abuser's correct current address
• Your abuser's correct date of birth OR social security number

In addition, it is sometimes helpful to bring the following information about your abuser:

• a photo
• addresses of employment
• phone numbers
• a description and plate number of your abuser's car
• history of drugs or gun ownership

Remember to bring some form of personal identification (a driver's license or other identification that includes your picture).

Step 3: Fill out the necessary forms. The clerk will provide you with the forms that you need to file. On the Petition, you are the "Petitioner" and your abuser is the "respondent". You will fill out two forms:

• Petition for an Order for Protection - What you use to ask the Judge to issue an Order for Protection and also to ask for a hearing, if a hearing is required. This form is used to tell the Judge why you need protection, to describe what happened, and to list every kind of relief you are asking for.
• Confidential Form - this is the form used by you and the clerk to record important information about the people involved in the case. The information on this form is confidential according to state law. The only people who will have access to it are law enforcement officers, prosecutors, and court and clerk staff. This form must be submitted with the Petition at the time the case is filed.

Carefully fill out the forms. On the Petition for an Order for Protection, write briefly about the most recent incidents of violence, using descriptive language - words like "slapping," "hitting," "grabbing," "threatening," "choking," etc - that fits your situation. Include details and dates, if possible. Be specific. It will also be important to write any previous court action you have taken against your abuser.

Some courts may require that the Petition be typewritten. Ask the clerk if you are unsure. The Petition is a public document. Be sure to write your name and a safe mailing address and phone number. If you are staying at a shelter, give a Post Office Box, not a street address. A copy of the Petition will be kept in the Court's file. In addition, a copy of the Petition will be served on the Respondent.

Take all of your completed forms to the clerk's office. Remember to sign and date the Petition in front of the clerk. The clerk will bring your Petition to a judge.

There are clear, detailed, and easy-to-understand instructions on filling out your Petition available online at www.in.gov/judiciary/forms/po/PO/po-0102.doc. The forms you need and other valuable information can also be found at www.in.gov/judiciary/forms/po.html.

Note: The court clerk is required by law to provide you with an explanation of the processes for obtaining an order, information about when the order becomes effective, and information about procedures to follow if the order is violated by your abuser.

If you need assistance filling out the form, a domestic violence organization may be able to provide you with help filling out the form.  See IN Links & Resources for the location of an organization near you.

Step 4:  The Ex-parte hearing. The judge will review your forms and may wish to ask you questions. If the judge grants you an Ex Parte Order for Protection, take the signed order to the clerk. The clerk will assign a case number and stamp the copies with the date of filing. The clerk will keep the Confidential Form and copies of your signed Ex Parte Order for Protection. Make sure the clerk gives you several copies of the Ex Parte Order for Protection.

Review the order before you leave the courthouse to make sure that the information is correct, that the Ex Parte Order for Protection is file-stamped, and that it has the judge's signature. If something is wrong or missing, ask the clerk to correct the order before you leave. Be sure to keep it with you at all times. You may want to keep copies in your car, workplace, or daycare.

If the court must hold a hearing on your Petition, make sure you know the correct date and time of the hearing before you leave the clerk's office. Make sure you have the court's telephone number; you may want call ahead a few days before the hearing and confirm the court date and time.

Step 5:  Service of process. Your Ex Parte Order for Protection is not valid until the abuser has been served, or given papers that tell him about the hearing date (if the court gave you one), your Order for Protection, and the nonconfidential Petition.

The court will send copies of the order and notice of the hearing (if there is one) to the police or sheriff. A law enforcement agency will serve the abuser. Indiana law requires that any papers served on the abuser will not contain the address you have designated as the "protected address".

For you safety, do not try to serve the papers on the abuser yourself.

If the abuser has received notice of the hearing, but does not show up, the judge will continue with the hearing. The ex parte order will remain in effect and you will continue to be protected y it until the expiration date of the order. If the abuser has not received notice of the hearing and does not show up, the judge may order a new hearing date.

Continuance. You have the right to bring a lawyer to represent you at the hearing. If you show up to court and your abuser has a lawyer and you do not, you may ask the judge for a continuance to set a later court date so you can have time to find a lawyer for yourself.

It is a good idea to see a lawyer if you think your abuser will challenge custody or child support, of if you have been severely injured or expect an injury to last a long time. If the court does issue a continuance, the court should also reissue or extend your ex parte order since your original one will probably expire before the rescheduled hearing. 5

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As the Petitioner requesting an Order for Protection, you must:

• Prove that your abuser (the respondent) has committed acts of domestic or family violence (as defined by law) against you or your minor children; AND
• Convince a judge that you need protection and the specific things you asked for in the Petition.

See What should I do before the hearing to prepare my case? for ways you can show the judge that you were abused.

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Contact witnesses who saw the abuse or your injuries.
Anyone can be a witness, including:

• a friend
• a family member
• children
• an emergency room nurse
• a doctor
• a stranger who saw or heard the abuse take place
• a law enforcement officer

Some witnesses may not come to court unless they are given a subpoena that commands them to appear and testify. Ask the court clerk about the subpoena process. Let the judge know if the people you subpoenaed do not come to the hearing.

If your children witnessed the abuse, you should tell the judge that they were present. However, you should seriously consider not having the children testify in court to avoid putting them in the uncomfortable position of possibly testifying against their other parent.

The judge may choose not to hear from a witness because of the short amount of time given to each hearing.

Get evidence to help you prove your case. Evidence can include:

• your statements or a witness's testimony about the incident(s), delivered in person during the court hearing
• medical reports
• police reports
• dated pictures of your injuries
  • Note: If the police took photos during their investigation, you may be able to request copies of those photos from the police photo lab. You may have to pay for those copies. You should consider taking your own series of photos to document the progress of any bruising or other injuries you sustained.
• household objects torn or broken by your abuser
• pictures of your household in disarray after an episode of domestic violence
• weapons used
  • Note: If there are guns involved in your case, the National Center on Full Faith and Credit (1-800-903-0111) can help you find a lawyer to help you with your case.
• tapes of calls you may have made to 911
• certified copies of the abuser’s criminal record
• anything else to help you convince the judge you have suffered acts of domestic violence and need certain relief and protection

The more evidence you have, the greater your chances of being granted a protection order. However, the judge will listen to your story even if you have no physical evidence or witnesses.

Practice telling your story. You may want to make an outline or notes of the history of violence between you and your abuser (the respondent). You may take notes to court with you to look at if you forget something, but if you read straight off of them, the judge may order that your abuser be allowed to see them.

Tell your story in your own words, but leave out details that have nothing to do with the violence or threats of violence. Also, rather than saying, "he or she hit me," tell the judge how you were hit, where on your body you were hit, and how many times. Be specific.

You may want to mention:

• The last two incidents of violence
• The worst two incidents of violence
• Whether the respondent has a gun or other weapons
• Whether the respondent has threatened to physically hurt or kill you

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• Dress neatly
• Be on time.
• Have your witnesses there and ready. If you have subpoenaed witnesses and they do not come, tell the judge.
• Speak directly to the judge; he or she will understand if you feel nervous. Always address the judge as "Your Honor.";
• Be prepared to spend all day in court. (There may be hearings before yours.)
• If your abuser comes to court with a lawyer and you do not have one, ask the judge for a continuance so you can look for a lawyer. A continuance reschedules your court hearing for a later date.
• If your abuser does not appear at the scheduled court hearing, the ex parte order will remain in effect and you will continue to be protected by it until the expiration date of the order.
• Once your case is called, enter the courtroom and find a seat. If the abuser sits next to you, it is your right to take another seat and to receive help from court staff in keeping the abuser away from you.
• Stand when the judge enters and sit when the judge or bailiff asks you to.
• Relax and remain calm. Take deep breaths if you feel yourself getting tense. Never lose your temper in the courtroom.
• Always tell the truth.
• If you don't understand a question, just say so.
• If you don't know the answer to a question, just say so. Never make up an answer.
• Tell the judge if you own joint property with the abuser (including your home), and what you will need to financially support yourself and your children.

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• At the hearing, everyone who will testify will swear or affirm to tell the truth.
• You will tell your side of the story first.
• The judge and your abuser (or your abuser's lawyer, if he has one) may ask you questions. If you are scared to answer any of the questions, tell the judge.
• When you are done, your witnesses will take the stand. You (or your lawyer, if you have one) may ask them questions, and then the judge and the respondent (your abuser) or his lawyer (if he has one) will have a turn to ask them questions.
• After all of your witnesses are finished, the respondent will tell his or her side. It may be very different from yours. The judge will ask questions, and you (or your lawyer) may also.
• The judge will make a decision after hearing both sides and considering the evidence.
• If the judge decides in your favor, s/he will sign your Order of Protection issued after a hearing.
  • This order will have boxes that the judge can check that order your abuser to follow specific rules, (such as stopping the violence and not contacting you).
  • The order will also have a place for the judge to write in any additional rules s/he sees as necessary for your protection. (See How Can an Order for Protection protect me? for a more complete list).
  • The judge should also include the date of expiration (up to two years) for the Order of Protection issued after a hearing.
• You will be given a copy of the Order of Protection issued after a hearing. Review it carefully before you leave the courthouse. If you have ANY questions about it, or you believe something is wrong or missing, be sure to ask the judge or court clerk before you leave.

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• Make several copies of the Order for Protection as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
  • One week after court, call your local law enforcement offices to make sure they have received copies of the order.
• Take steps to safety plan, including changing your locks and your phone number.

Ongoing safety planning is important after receiving the order. Women can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not. It is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Safety Planning. (You can access the safety planning information any time from the WomensLaw.org Home page.) Advocates at local resource centers can assist you in designing a safety plan and can provide other forms of support.

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It is important to recognize the limitations of an Order for Protection. You must be vigilant in enforcing the order's provisions by reporting every violation to the police or the court.

Call the police, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. A judge can punish someone for being in contempt of court. In addition, the police can arrest him. If they witnessed the violation or have probable cause to believe the violation occurred, they may arrest him. If the police are not involved or do not arrest him or file a criminal complaint against him, you still have the right to go to court and take out a criminal complaint against him.

It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. 6

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If you wish to extend or modify the order you must go back to court and have a judge make any modifications.  You must attend another hearing in order to have the Order for Protection extended. The judge may require evidence of a continuing need for the order. It is possible you may have to file a new petition.

If you want to extend your order, it is best to start the Petition process before your first order expires, so that you are not left unprotected.

If you cancel, modify or extend your protective order, you must file a notice with the clerk of courts. 7

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What if I move?

Your Order for Protection can be enforced even if you move to another state. If you move, most Orders of Protection must be given full faith and credit in any other state, territorial or tribal court (18 U.S.C Secs. 2265 and 2266). That means that your order may be good wherever you go.

Some states require that you register your order with them before it is effective. If you move, call the clerk of court in your new area. Tell the clerk that you have an Order for Protection from Indiana and ask if you need to register it with them.

Note: Order for Protections may not be enforceable on military bases, and military protective orders may not be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details. Please see our Military Info page for more information.

Indiana will usually recognize out-of-state orders without your needing to file again. 8

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If you do not qualify for a domestic violence Order for Protection, you may be able to stop the abuse through a No Contact Order or a Workplace Violence Restraining Order. No Contact Orders are not limited to family or household violence, stalking or sex offenses as are Protection Orders.

No Contact Orders are court orders that require your abuser to have no contact with you. No Contact Orders are issued in criminal cases. This means that a criminal charge would have to be pending in order to get a order. No Contact Orders are also issued in juvenile cases, so one of these kinds of cases would have to be pending: delinquency; child in need of services; or, termination of parental rights. If you are a witness (or a victim) in a criminal case, you can ask the prosecutor to petition the court for a no-contact order as a condition of the defendant's pre-trial release, pre-trial diversion, or probation. In other words, the prosecutor needs to file a petition in order for the judge to issue a no-contact order.

A No Contact order usually states that a criminal respondent (the person charged with the crime) is not to directly or indirectly contact or be within sight of you and your residence.  Direct contact includes phone calls, letters, going within sight of you, your residence, place of employment, or school.  Indirect contact includes messages through a third person at the direction of the respondent.

If the respondent attempts to make contact in any way you should first report the incident to the police and then to the prosecutor's office.  The prosecutor's office will review the police report to determine what action will be taken. How long the NCO remains in effect depends upon the facts of your case.

For more information and instruction on how to file a No Contact Order, you can look at the Indiana Courts page, located online at www.in.gov/judiciary/forms/po.html.

You can seek protection from abuse using a WVRO if you have been the victim of violence at work. This statute allows employers to obtain court orders prohibiting unlawful violence or credible threats of violence against their employees. To get an order under this law, the "plaintiff" must be an employer.

An employer may seek protection under this law if:

• An employee has experience unlawful violence or a credible threat of violence from any person;
• The violence or credible threat of violence did occur at the workplace or can reasonably be construed to be carried out in the workplace;
• The defendant's conduct is not part of a labor dispute; AND
• The defendant is not engaged in constitutionally protected activity

There are two types of WVRO's: a ex parte restraining order (TRO) issued without a hearing that lasts a maximum of 15 days, and an injunction (an order issued after a hearing) that lasts up to 3 years.

There are clear, easy-to-understand instructions on how to obtain a Workplace Violence Restraining Order online at www.in.gov/judiciary/forms/PO/wvro/wv-0100.doc . This instruction booklet explains what court orders an employer can get and how to get them. Other valuable information on WVRO's can be found online at www.in.gov/judiciary/forms/po.html.

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(1)IC 34-26-5-10 Hearing after ex parte order

(2) IC 34-26-5-2 Persons eligible to file petition for order of protection; petition on behalf of a child; prohibition on mutual orders; jurisdiction for order sought against a minor

(3) IC 34-26-5-9 Authority and jurisdiction of courts; relief available; notification and effectiveness of order; subsequent case or hearings
IC 34-26-5-10 Hearing after ex parte order

(4)IC 34-26-5-16 Fees and Costs

(5) IC 34-26-5-3 Forms; clerical assistance; protective order depository
IC 34-26-5-4 Jurisdiction; venue; prohibition on minimum residency requirement
IC 34-26-5-7 Address confidentiality
IC 34-26-5-8 Use of forms; transmission to clerk

(6)IC 34-26-5-3 Forms; clerical assistance; protective order depository

(7)IC 34-26-5-9 Authority and jurisdiction of courts; relief available; notification and effectiveness of order; subsequent case or hearings

(8) IC 34-26-5-17 Validity of foreign protection orders; full faith and credit; enforcement; duties of law enforcement officers