Domestic Violence Attorney in Indianapolis, IN
After becoming a victim of domestic violence or otherwise being threatened, harassed, or intimidated, you need not live in fear that a pattern of repeated domestic violence has unfolded in front of you. If you have children, they might be targets of physical or emotional abuse too. If you live in or around Indianapolis, you likely want to consult with a knowledgeable and experienced domestic abuse attorney at Trapp Law, LLC about obtaining a restraining order against your abuser. Conversely, our domestic violence lawyers sometimes see false and malicious allegations of domestic violence or abuse that are made against individuals. If you’re confronted with such allegations, and you’ve been served with an order of protection, you’ll want to consult with us as soon as you possibly can. Indiana law only allows you limited time to contest such an order.
Orders of Protection
Orders of protection in Indiana are governed by the Indiana Order of Protection Axt, IC section 34-26-5. Although a related criminal case might exist, a petition for an order of protection is a civil case. It’s not necessary that the person who you want the order to be entered against be charged with a crime though. It’s the legislative intent of orders of protection to prohibit the person who the order is entered against from communicating with you or any other person protected by the order directly or indirectly. He or she is also prohibited from threatening, harassing, or intimidating you or otherwise interfering with your civil liberties. An order of protection might even require the other person to move out of your home and pay child support until further order of court.
Who is Eligible to Seek an Order of Protection?
Victims of domestic violence Indiana and victims of stalking, sexual assault, their children, and other members of a household are intended to benefit from an order of protection. Indiana’s Civil Order of Protection Act is intended to protect all victims of domestic or family violence in a fair, prompt, and effective manner. It’s also intended to promote the prevention of future domestic or family violence. If you were injured by a family or household member, a stepparent or a current or former intimate partner, you’re eligible to seek an order of protection.
How Long is an Indiana Order of Protection Good For?
An order of protection can be issued after a brief hearing without the alleged abuser even knowing about it or being present. The order must be served on the alleged abuser though. Then, within 30 days of the date of service, the alleged abuser can request a hearing on the order. Should a hearing date be requested, the petitioner must attend it. Failure to attend that hearing will likely cause the order of protection to expire. If, after being served, the alleged abuser doesn’t request a hearing on the order, it can be effective for two years.
The Types of Protection That Are Available
If an order of protection is issued without the alleged abuser being present, the following relief might be ordered:
- He or she would be prohibited from committing acts of domestic violence against you or anybody else in your household who is specifically named.
- Any direct or indirect harassment or communication with the petitioner by the respondent would be prohibited.
- Removal of the alleged abuser from where you live, regardless of who owns the residence might be required.
- An order directing him or her to stay away from where you live, work, or go to school, or where any other person who is protected by the order might go.
- Give you sole possession and control of any household pets.
- Allow you to have possession of a motor vehicle and other personal property, regardless of who owns it.
- Order a police department to provide an officer to accompany you home to ensure that you can safely enter the residence and obtain possession of a motor vehicle, pet, or other personal property.
- Order police to supervise the removal of the respondent’s personal property from the residence.
Final Orders of Protection
Any final order of protection that might be entered in a case can provide for the above relief while also providing for the follo0wing:
- Provide for or deny parenting time between the parties.
- Provide for the surrender of firearms or dangerous weapons.
- Order the alleged abuser to pay any court costs and legal fees.
Contact a Domestic Violence Lawyer Today
If you’re served with an order of protection, don’t even think about violating it. You’ll only make matters worse. Remember that you have 30 days after the date of service to contest the order. Contact our law firm right away for a consultation and case review. If circumstances are such that you feel you need an order of protection, contact us here at Trapp Law, LLC for a consultation. In either case, you’ll be speaking with an experienced and skilled Indianapolis order of protection lawyer. Be sure to contact us at your earliest possible convenience to learn more about orders of protection, emergency orders, guardianships, and more.