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Información Legal: Indiana

Restraining Orders

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8 de octubre de 2019

What protections can I get in an order for protection?

A temporary ex parte order for protection, which is issued without notice to the abuser, can:

  1. prohibit the respondent from committing or threatening to commit acts of domestic violence against you and any specific family or household members listed on the order;
  2. prohibit the respondent from harassing, annoying, telephoning, contacting, or communicating with you (either directly or indirectly);
  3. remove and keep out (exclude) the respondent from your home, regardless of who owns the home where you are living;
  4. order the respondent to stay away from your home, school, workplace, and specific places where you usually go;
  5. order the respondent to stay away from specific places where any of your family or household members who are included in the order usually go;
  6. give you sole possession, care, custody, or control of any animal owned, possessed, kept, or cared for by you, the respondent, a minor child of you or the respondent, or any other family or household member;
  7. prohibit the respondent from removing, transferring, injuring, concealing, harming, attacking, mistreating, threatening to harm, or otherwise getting rid of of an animal described above (in number 6);
  8. give you possession and use of the home, an automobile, and other essential personal items, regardless of who owns them;
  9. order a law enforcement officer to:
    • accompany you to the home to make sure that you can safely get into the home and get possession of an automobile, animal, and other essential personal items; or
    • supervise your or the respondent’s removal of personal belongings and animals.
  10. order anything else that is necessary to keep you and any family or household members on the order safe.1

A final order for protection can:

  • include everything in the list above and in addition:
    • make a parenting time arrangement, which can do either of the following to ensure the safety of you or your child:
        • require parenting time between the abuser and your child to be supervised by a third party; or
        • deny parenting time to the abuser;
      • prohibit the abuser from possessing firearms, ammunition, or deadly weapons;
      • order the abuser to hand over (surrender) to law enforcement any firearms, ammunition, and deadly weapons in the abuser’s possession;
      • order the abuser to pay for expenses such as:
        • court costs related to the order for protection case;
        • your attorney’s fees;
        • rent/mortgage payments on your home;
        • child support and, if you are married, spousal maintenance;
        • costs and expenses related to the abuser’s use of a GPS tracking device (if applicable);
        • costs related to the domestic violence or harassment, such as:
          • medical expenses;
          • counseling;
          • shelter; and
          • the cost to repair or replace damaged property; and
      • order a wireless service provider to transfer to you the right to the continued use of (and financial responsibility for) any cell phone numbers that are used by you or by a minor child in your custody.2

    1 IC § 34-26-5-9(c)
    2 IC §§ 34-26-5-9(g); 34-26-5-21; see Petition for an order for protection and request for a hearing