Can I get an order for protection against a minor?
As long as you meet the other requirements for filing for an order for protection, it does not matter if the abuser is a minor. You can still file an order for protection against a minor and the judge can still issue an ex parte order if necessary. However, if the case is set down for a hearing, the matter may be transferred to a court that handles cases against juveniles.1
If the order for protection is filed against someone who attends the same school as you, the judge will have to determine whether issuing the order for protection may affect the school’s ability to provide you with in-person instruction. If the judge believes that it might have such an effect, then the judge cannot issue the order for protection until a notice is provided to the school corporation, by registered mail or certified mail, that includes:
- notice of the petition for the order for protection; and
- the date for the hearing on the petition for the order for protection.2
Once the school receives this notice, the school corporation has three business days to respond to the notice and a representative of the school corporation has the right to testify at the hearing on the petition for the order for protection. If the school doesn’t respond to the notice within the three business days, then the judge can issue the order for protection.2
1 IC § 34-26-5-2(e)
2 IC § 34-26-5-2(f)