A protective order can have immediate and long-term consequences. If someone has filed a petition for a protective order against you in Indiana, you may be at risk of losing your right to possess firearms, being excluded from your home, or facing serious criminal charges if the order is violated. At Gibson Law Office, we help clients challenge protective orders across Indiana. We understand how courts evaluate these cases and how to protect your rights.
Under the Indiana Civil Protection Order Act, a person who alleges they are a victim of domestic or family violence, stalking, a sex offense, or repeated harassment may file for an order of protection. The protective order is civil in nature but can carry criminal consequences. A violation of a protective order is a crime, even if the protected party invited the contact.
The relevant statute, Indiana Code 34-26-5, defines who may request a protective order and under what circumstances:
Domestic or Family Violence: A petitioner may request a protective order against a family or household member who has caused or threatened physical harm.
Stalking: Defined under IC 35-45-10-1 as repeated or continuing harassment that causes a reasonable person to feel threatened, and that actually causes the victim to feel that way.
Harassment: Defined as repeated or continuing impermissible contact that causes emotional distress.
Sex Offenses: Includes any offense under IC 35-42-4 and grooming under IC 35-42-4-13.
Orders may be issued ex parte (without a hearing) and can result in immediate consequences.
Even if no criminal charges are pending, a protective order can have serious effects:
It becomes part of a public record.
It may be entered into IDACS (Indiana Data and Communications System) and shared with law enforcement.
It can restrict your ability to possess firearms under federal law.
A violation can lead to arrest and criminal prosecution.
In S.H. v. D.W., 139 N.E.3d 214 (Ind. 2020), the Indiana Supreme Court emphasized that protective orders may significantly restrict liberty and must be supported by current, credible threats. If the petitioner cannot show a present danger, the court must deny the request.
You need an Indiana protective order attorney ASAP if a protective order is filed. There are strategic and successful ways to craft a protective order hearing defense.
Often, the court will issue a temporary ex parte order immediately upon the petition. Under IC 34-26-5-10, the respondent has the right to request a hearing. The hearing must be set within 30 days of the request and will determine whether a full protective order is issued.
At the hearing, the burden is on the petitioner to prove, by a preponderance of the evidence, that domestic violence, stalking, or harassment occurred and that the respondent presents a credible threat to their safety.
In Maurer v. Cobb-Maurer, 994 N.E.2d 753 (Ind. Ct. App. 2013), the court reversed a protective order based solely on emails and uncorroborated statements where there was no threat or request to cease contact.
Protective orders are not appropriate for every dispute. Protective Orders can successfully be defended where:
The alleged contact occurred in public places and did not rise to harassment
The petitioner initiated or continued contact.
The allegations were exaggerated or fabricated for strategic purposes, such as during a divorce or custody dispute.
There was no ongoing threat or harassment
A protective order should not be issued merely because two people had a disagreement or there was a single, non-threatening incident.
Impermissible contact can include following, calling, messaging, or posting on social media about the petitioner. But courts also recognize that individuals have a right to be in public spaces and to engage in constitutionally protected conduct.
In Tisdial v. Young, 925 N.E.2d 783 (Ind. Ct. App. 2010), the Court found that mutual fighting between unrelated individuals did not justify a protective order. The statute is not a tool to resolve everyday disputes.
If a protective order is issued against you, federal law may prohibit you from owning or possessing a firearm. This can affect employment, especially for members of the military or law enforcement. Under IC 34-26-5-11, a petitioner’s consent or invitation does not override the terms of the order. If you’re accused of violating it, even with permission, you can still be charged with invasion of privacy.
Gibson Law Office attorneys understand how judges evaluate protective order petitions. We prepare thoroughly, identify weaknesses in the petitioner’s case, and protect your rights in court. With offices across Indiana, we represent clients statewide.
Yes. Courts can issue ex parte protective orders without prior notice, but you have a right to request a hearing.
It doesn’t matter. If a protective order is in place, any contact may still be a violation.
Yes. Protective orders may be entered into background check databases and can result in a federal firearm restriction.
Yes. These hearings can impact your freedom, record, and reputation. Having an experienced defense attorney can make a critical difference.
Most protective orders in Indiana last two years but may be modified or terminated earlier if circumstances change.
If you’ve been served with a petition for a protective order, contact Gibson Law Office immediately. We understand the law, the procedures, and how to protect your future.
Call Gibson Law Office today toll free at 855-9-GIBSON or schedule a free consultation.
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