Protective Orders

Indiana Defense Attorneys for Protective Orders – Statewide Representation with Offices in Lafayette, Bloomington, Fort Wayne and Anderson

When you are served with a protective order, you might be shocked and confused. The first step is to contact a lawyer. You don’t want your emotions to take over. If you have been served with an ex parte protective order, you need to act now. There are deadlines to file a request for a hearing. Gibson Law proactively defends against improperly filed protective orders.

I’ve been served with a protective order. What should I do? What are my rights?

There are significant ramifications of an improperly granted protective order, which can pose a serious threat to a person’s freedom. Once a protective order is in place, any violation could result in incarceration. A protective order can prohibit you from coming within a certain distance of the petitioner, carrying a firearm, or contacting the petitioner or their household. If you are a college student who has been served a protective order against another student, you may be unable to set foot on campus until this is resolved.

Failing to contest an ex parte protective order is often a mistake. The protective order process is frequently abused by people alleging claims of stalking and harassment which are not supported by evidence. Many protective orders can be successfully defended. To obtain a protective order, the petitioner must prove there is a current, credible threat against the person filing the protective order.

Gibson Law offers FREE consultations for anyone in the Lafayette, Bloomington, Muncie, and Fort Wayne areas seeking representation against false protective orders.

What Is a Protective Order?

A petition for a protective order can be filed by a person claiming to be the victim of domestic or family violence, stalking, or harassment. These are sometimes referred to as “restraining orders” in casual conversation, but under Indiana state law will always be referred to as a protective order.

What is considered harassment?

“Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing impermissible contact:

(1) that would cause a reasonable person to suffer emotional distress; and
(2) that actually causes the victim to suffer emotional distress.

“Harassment” does not include statutorily or constitutionally protected activity, such as lawful picketing pursuant to labor disputes or lawful employer-related activities pursuant to labor disputes.

What is considered stalking?

Stalking is a knowing or intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened.

In many cases, protective orders petitions are filed based on a single instance and therefore do not meet the burden of proof to support stalking or harassment.

What Are the Consequences of Protective Orders in Indiana?

There can be severe consequences for an improperly granted protective order, which can pose a serious threat to a person’s freedom. Once a protective order is in place, any violation could result in incarceration. A protective order can restrict where a person can go. If you’re a college student who has been served a protective order against another student, you may be banned from campus. If you are caught violating the protective order, you could face repercussions such as:

Fines
Criminal Charges for Invasion of Privacy
Jail Time

If granted, the protective order becomes part of your public record, and someone could discover it during searches and deep background checks. When a protective order is issued, it is electronically entered into a database and shared with IDACS and NCIC minutes almost immediately. A notification is also sent to law enforcement agencies in the areas where you live and work.

A protective order can have a significant impact on your freedom. At Gibson Law Office, our lawyers always offer a free phone consultation to discuss your case and how we would approach defending you. Under a new law, when a protective order is dismissed, the records can now be expunged.

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