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I’ve been served with a Protective Order: Should I agree to it?

I’ve been served with a Protective Order: Should I agree to it?

Protective Orders are a civil order of protection file by an alleged victim of domestic violence or stalking against an intimate partner or family member. Generally, children are not automatically included as protected parties in a protective order, unless it is ordered by a family law judge. Once a Protective Order is granted, it may remain in place for up to a period of two (2) years.

Unfortunately, some people use Protective Orders to evict a spouse or parent from their home on an emergency basis or to obtain emergency custody of their child without a hearing, due to the fact that they can be granted ex parte, without the alleged perpetrator present. In our practice, we routinely see parties abuse the protective order process to gain leverage in their case.

We do not recommend agreeing to protective orders. Under Indiana law, you are only entitled to request a hearing to contest a protective order for thirty (30) days after you receive service of the order on your person. If you fail to contest a protective order within this timeline, then you waive your rights to contest the Protective Order.

A Protective Order issued against you could restrict you from communicating directly or indirectly with the protected party, going to or near their home or workplace, could require you to surrender all firearms in your possession, and could put in place additional restrictions as well.

There can be criminal liability for violating a protective order, even if you and the protected party have an understanding or agreement outside of the courtroom, so it is in your best interest to hire counsel to assist you in determining the best way to handle a protective order.

If you wish to discuss your situation in a confidential manner, then you should call Trapp Law, LLC at 317-423-1823 for a consultation.