Restraining Orders

Stalking is a pattern of behavior. It includes two or more incidents of intentional and repeated harassment that reasonably cause you to feel frightened, intimidated or threatened.¹ You can click on each link to read the definitions of these terms on our Selected Indiana Statutes page.

¹ IC § 35-45-10-1

An order for protection is a civil court order intended to provide protection from domestic/family violence, harassment, stalking, or a sex offense. There are two types of orders:

Ex parte orders for protection: An ex parte order can be issued as soon as you file your petition, without the abuser being present or notified beforehand, if you are the victim of domestic/family violence. However, the court cannot issue an ex parte order based only on harassment.¹ Either party (you or the abuser) then has 30 days from the date the abuser is served with the ex parte order to request a hearing on the ex parte order for protection. The court will notify both parties by mail of the date and time of the hearing. In some cases, the judge will order a hearing to take place within 30 days from when the petition is filed even if neither party requests it.² If no hearing is requested, the ex parte order for protection can last for two years after the date it was given unless another date is ordered by the court.³

Final orders for protection: A final order for protection is one that is issued after a court hearing in which you and the abuser both have the right to attend a hearing and present evidence (i.e., testimony, witnesses, etc.). You must attend that hearing even if the abuser does not. You can still get a final order even if the abuser does not attend, as long as s/he was served with notice of the hearing. If you do not go to the hearing, your ex parte order may expire and you may have to start the process over again. If you are given a final order after a hearing, it will generally last for two years, unless otherwise stated.³ Orders may also be extended beyond the two years. See How do I change or extend the order?

Please refer to the Indiana Courts website to download the necessary forms and get more information about orders for protection. You may also find the court forms you need on our Indiana Download Court Forms page.

¹ IC § 34-26-5-9(a), (b)
² IC § 34-26-5-10(a), (b)
³ IC § 34-26-5-9(f)

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 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; or
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