Conozca la Ley: Indiana
ACTUALIZADA 29 de julio, 2008
Orders of Protection is a civl order that protects you from abuse by a family or household member.
- Basic Information
- Can I get an order of protection?
- What are the steps for obtaining an order of protection?
- After the Hearing
Basic Information
arribaWhat is the legal definition of domestic violence in Indiana?
This section defines domestic violence for the purposes of getting an order of protection.
"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
- Beating, torturing, mutilating or killing an animal with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member*1
- 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*2
A person is a “sex offender” if they have been convicted of:
- actual or attempted rape (see IC § 35-42-4-1)
- child molestation or exploitation (see IC §§ 35-42-4-3 and 4(b))
- sexual misconduct with a minor (age 16 and under)
- vicarious sexual gratification (see IC § 35-42-4-5)
- child solicitation or seduction (see IC §§ 35-42-4-6 and 7)
- incest (see IC § 35-46-1-3)
- possession of child pornography (see IC § 35-42-4-4(c))
- promoting human trafficking if victim under 18 (see IC § 35-42-3.5-1(c)(3))
- criminal deviate conduct (defined in § IC 35-42-4-2)
- sexual battery (see IC § 35-42-4-8)
- kidnapping (IC § 35-42-3-2) if victim is under 18 and person who removed victim is not their parent or guardian
- promoting prostitution
- other sexual offenses*3
- Intentional and repeated harassment
- Conduct that causes a person to feel frightened, intimidated or threatened*4
*2 IC § 31-9-2-44.5
*3 IC § 11-8-8-4.5
*4 IC § 35-45-10-1
arribaWhat is an order for protection? What types are there?
An order for protection is a civil court order intended to provide protection from domestic or family violence, stalking, or a sex offense. In others words, an Order for Protection is designed to keep an abuser from hurting you anymore. There are three types of orders:
- 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 is in immediate danger from the abuser. An ex parte decision can be made without all of the parties present. 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. As soon as an 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 an ex parte order for protection.*1 An ex parte order for protection is effective for two (2) years after the date it was given unless another date is ordered by the court.*2
- 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 even if the abuser does not. 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.*2 Orders may also be extended*3 (See How do I change or extend the order?)
- Emergency Orders of Protection. The court may issue an emergency protective order in cases where an endangered adult is unable to consent to protection offered by the court or has withdrawn consent previously given, and the adult is involved in a life threatening emergency. Adult Protective Services or a prosecutor may petition the court for this relief. The emergency order is effective for no more than 10 days unless adult protective services shows the court that an extraordinary need exists that requires the order to remain in effect for not more than thirty (30) days. *4
*1 IC § 34-26-5-10(a)
*2 IC § 34-26-5-9(e)
*3 IC § 34-26-5-9(a)
*4 IC § 12-10-3-28
arribaIn which county can I file an order of protection?
You can file for an order of protection in the county where you live or are staying temporarily, the abuser lives, or the abuse happened.*
However, if you have left the home and want to keep the address where you are staying confidential, filing in that county would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.
* IC § 34-26-5-4(b)