What qualifies for a restraining order in Indiana?
In Indiana, you can be eligible for an order of protection against a family or household member, which is defined below, who commits acts of domestic violence or family violence. You can also get an order against anyone, regardless of the relationship, who committed harassment, stalking or a sex offense against you.
What proof do you need for a restraining order?
It will require the court to determine whether there is sufficient evidence in front of it to enable it to form a view that an order is necessary. Restraining orders are civil behaviour orders and therefore the standard of proof is a civil one (R v Major [2010] EWCA Crim 3016).
How much is a restraining order in Indiana?
There is no cost to file a protective order. Clerk’s Office and court intake specialists will guide you through the process. It’s helpful to know the date of birth and/or address of the person you are filing the protective order against (the respondent).
What is a no contact order in Indiana?
Under Indiana code 34-26-6, courts can issue orders to protect an employee from unlawful violence or credible threats of violence. These orders can be requested from by the employer of a person who is the target of unlawful vilence or credible threats of violence, and will be enforced by law enforcement officers.
What constitutes harassment in Indiana?
In the state of Indiana, harassment is considered a Class B misdemeanor, meaning it is punishable by up to 180 days in prison and up to $1,000 in fines. Harassment is defined as an act that intends to annoy, harass, or alarm another individual without any intent of legitimate communication.
Can you get a restraining order against anyone?
The standard test for the order can be sought is whether or not there is evidence of harassment or risk of violence (or further violence) against a victim. You can get a restraining order against someone if the person has: Abused (or threatened to abuse you)
How does a restraining order work?
A restraining order is a type of court order, released by a judge, to stop someone inflicting harm on another person. These are generally issued at the end of a criminal hearing and often follow cases involving domestic violence, domestic abuse, harassment, stalking or sexual assault.
What happens when you violate a restraining order 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 is a restraining order good for in Indiana?
2 years
How long does an Order of Protection last? 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.
How to get a protection from abuse order in Johnson County?
If you do not complete the paperwork by 3:30pm, you will need to return the next business day. Please contact the Johnson County Victim Assistance Unit at 913-715-3004 if you have additional questions or concerns. To qualify for a Protection from Abuse Order: You should have some affiliation with Johnson County, Kansas.
How to file a restraining order in Indiana?
How to File a Restraining Order in Indiana. Make the appropriate number of copies for each of the forms. If you are filing a protective order you will need four copies of the petition: one for yourself; one to be served to the respondent; one for the court file and one for a worksheet; and one copy of the confidential form.
How do I get a protection order in Indiana?
Throughout the state of Indiana, hundreds of trained advocates work every day to help victims find safety, and in many situations a protection order can be a useful tool. Ready to request a protection order? Start a request for a protection order by filing online. See our tutorials to learn how to get started or reach out to an advocate for help.
Where can I get a restraining order for domestic violence?
Restraining orders are typically filed in civil court. Determine what type of restraining order you qualify for or which type applies to your situation. Protective orders apply in cases of domestic or family violence, and also for stalking and sex offenses.