Orders Of Protection

Orders Of Protection Attorney Serving Greenwood, Indiana

ASSISTANCE TO THOSE WHO NEED PROTECTION

In Indiana, a party who is a victim of domestic violence, sexual abuse, stalking and/or harassment may apply for an ex parte order of protection (which many people call a “restraining order”).  An order of protection may prohibit the abusive party from legally having any contact with the victim, or it may contain other restrictions or exceptions.

A party seeking an order of protection must complete and file a verified petition.  Among other things, the petition must describe the incident or incidents which warrant issuance of the order of protection.  The Court reviewing the petition 1) may grant it without a hearing; 2) may set it for hearing; or 3) may deny it.  If the petition is granted without a hearing, the opposing party may request a hearing.  If the order has the effect of evicting the opposing party from a mutual residence, then the Court is required to schedule a prompt hearing.

At Law Office of Lindsey Williams, we can assist you with the order of protection process.

VIOLATION OF AN ORDER OF PROTECTION IS A CRIME

It is a good idea to consult with an attorney before seeking an order of protection. In addition, you should also contact an attorney if an order has been entered against you.  Since there is limited time to request a hearing, you should do this right away.  All that is required to get an order of protection is a sworn petition and the Court is required to grant the order if the petition says the right things.   Although the order of protection process provides important protection to many victims, the procedure can be subject to abuse. The procedure is sometimes abused to gain the advantage in a pending paternity or divorce case (for example possession of a marital residence).  Although representation is not always necessary in this type of case, there are some cases in which the engagement of an attorney is a good idea.

Orders of protection do not affect a party’s custody or parenting time rights unless a petition has been filed in the name of the child(ren).  However, the order may prohibit contact with the alleged victim and this includes contact by third parties acting on behalf of the opposing party. Under these circumstances, an attorney may need to get involved in scheduling or addressing parenting issues.  If there is a pending paternity or divorce case, the order of protection will be transferred to that Court to be addressed along with other domestic relations issues.