How to Get an Order of Protection
If you are having problems with domestic or family violence, you should consider getting an Order of Protection (also known as a Protective Order). Please see Orders of Protection-General Information before reading this information.
[Note: You can click on the question to go directly to the answer to that question, or you can scroll down the page to see all the questions and answers].
How do I get an Order of Protection?
Where do I go to file a petition for an Order of Protection?
What happens after a petition for an Order of Protection is filed?
What will happen at the hearing if one is scheduled?
What do I do after I get an Order of Protection?
How do I get an Order of Protection?
To get an Order of Protection, you must file a petition with the court saying why you need an Order of Protection. There are certain forms you must use to ask for an Order of Protection. You will have to swear or promise that what you say in these forms is the truth. Your local county clerk and/or your local prosecutor's office should have these forms for you. The clerk staff should also assist you in reading/filling out the forms.
Your local domestic violence shelter may also be able to help you get the Order of Protection forms filled out and filed in court. The shelter may be able to give you other help as well. If you do not know what shelter serves your area, you can contact your local legal services organization or your local prosecutor's office.
You can also find the required forms with instructions at Indiana Order of Protection Forms. Click here for help with filling these forms out yourself.
Where do I go to file a petition for an Order of Protection?
You need to file it in a court in the county where you live, where the Respondent lives, or where the violence took place. You do not have to be a resident of the county for any certain period of time before you can file for an Order of Protection.
What happens after a petition for an Order of Protection is filed?
After the Petition is filed, the court has several options:
- The court could schedule a hearing and issue no orders before the hearing.
- The court could deny the petition and schedule no hearing.
- The court could issue an "ex-parte order" (an order issued without having a hearing first).
- The court could issue an ex-parte order and then schedule a hearing.
What will happen at a hearing if one is scheduled?
The Petitioner (the person who filed for the Order of Protection) will need to go to court and explain to the court why she needs an Order of Protection. The Petitioner will need to tell the court exactly why an Order of Protection is necessary. The Petitioner can take witnesses and evidence (such as pictures of injuries, police reports, medical records) to court to help prove her case. If the Respondent (the person against whom the Order of Protection is sought) is there, the Respondent can tell the court his side of the story. The judge will then decide whether or not an Order of Protection should be issued.
What do I do after I get an Order of Protection?
The court will give copies of the Order of Protection to law enforcement officials. You should keep a copy of the Order of Protection with you at all times. You may also want to give a copy to your employer, your landlord, or anyone else who may be in a position to help you if the Respondent shows up bothering you.
LSC Code 1370101
Last revised 8-03
