Restraining Order

Restraining Orders in Family Law Cases

When a family matter turns into a dangerous situation, a restraining order may under certain circumstances be obtained against a person who poses a threat. Law enforcement agencies have the ability to intervene in a potentially dangerous situation and enforce these types of protective orders for the safety of at-risk parties.

How Does It Work?

A protective order is a civil order that restricts the type of contact an individual, or “respondent,” may have with the person requesting the order or "petitioner." Protective orders commonly require the respondent to refrain from contacting the petitioner or members of the petitioner's household. Along with the restriction of contact, the court may enforce additional orders. The court can require the respondent to vacate a residence, restrict the possession of firearms, enforce child support, and more.

The court does have the ability to create exceptions to ordered restrictions. The court could limit how each party communicates and the subjects the parties are able to discuss. For instance, they may limit their form of communication to email and require that they only talk about child drop-off and pick-up times.

Restraining Order Respondents

A protective order may be obtained against a family or household member in certain situations. Indiana statutes (r I.C. 34-6-2-44.8) defines a family or household member as anyone who:

  • Is a current or former spouse or partner;
  • Was formerly or currently dated;

  • Is engaged or was engaged in a sexual relationship;

  • Is related by blood or adoption;

  • Is related or was related by marriage;

  • Has an established or previously established legal relationship:

    • as a guardian

    • as a ward;

    • as a custodian;

    • as a foster parent; or

    • in a capacity similar to those listed.

  • A person who has a child in common; or

  • A minor child of a person in a relationship described above.

If you are in dire need of a protective order you should contact an attorney promptly to get the process started. Fortunately, the state of Indiana has made efforts to move this process along quickly for those in need. For example, part of the protection order procedure includes the following:

People seeking protection orders are in crisis, and the parties’ safety should always be the court’s first priority. A judge should review each petition immediately considering local rules, consult with the clerk, and decide whether it should be transferred to either another court in the same county or even to a court in a different Indiana county.

Looking To Get A Restraining Order

If you are seeking to enact a restraining order against a relative or other individual, we may be able to help. Here at HOLLINGSWORTH ROBERTS MEANS, we have the skills, experience, and determination to help get you a favorable outcome for your case.

We have handled countless family law cases and know how to navigate the legal system. When you need someone who you can trust to help defend your rights and freedom, rest assured HOLLINGSWORTH ROBERTS MEANS is here for you. You can reach us at (888) 211-3888 or contact us through our website today.

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