Indiana Orders of Protection (PO)

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Yvette Cade
A Maryland judge denied Ms. Cades' request for a Protective Order....

The Indiana Civil Protection Order Act (IC 34-26-5) was passed to promote the protection and safety of all victims of domestic or family violence, sexual assault and stalking, and to prevent future violence against such victims. In order to apply for protection under this law, a petitioner (victim) needs to have been a victim of:

• domestic or family violence;
• stalking; or
• a sex offense.

Any court of record in any of the following jurisdictions can issue a civil order of protection:

• county where petitioner (victim) currently or temporarily resides;
• county where respondent (perpetrator) resides; or
• county where offense occurred.

Protective orders are good for two (2) years unless a longer date is specified by the Judge. IC 34-26-5-13 states that a PO cannot be denied due to time between incident(s) and petition for protection; for example a perpetrator’s release from prison or return from the military.

There is no fee for filing a petition for an order of protection in Indiana.

Indiana law forbids ordering mediation in domestic violence and protective order cases.

No law enforcement report is required in order to petition for a protective order. Protective orders are a civil matter, whereas a police report is a criminal matter; no one has the authority to force an adult victim into the criminal justice system.

Only the Court can nullify an order of protection. Neither the perpetrator nor the victim can do so by ignoring the order, violating the order or any other evasive behavior. The following language is required to appear in every Indiana Order of Protection:

“Violation of this order is punishable by confinement in jail, prison, and/or a fine. If so ordered by the Court, the respondent is forbidden to enter or stay at the petitioner’s residence, even if invited to do so by the petitioner or any other person. In no event is the order for protection voided.”

Protective order paperwork may be obtained from the County Clerk’s office at the courthouse or from Crisis Connection, Inc. (CCI). Personnel within the clerk’s office may assist with the completion of this paperwork (they are not required to) or a CCI advocate will be happy to assist you if help is needed. The completed protective order forms must be submitted to the Court Clerk during the hours of office operation (generally 8:00a.m.-4:00p.m.).

The Judge will review the petition at his earliest convenience and will decide to sign or reject the petition. Either way, the petitioner (victim) will be notified by the Court Clerk of the Judge’s decision and the paperwork can be picked up at the Court Clerk’s office. Once the Judge has signed the petition, it is valid; however, the petition will not be enforceable until it has been served on the respondent (perpetrator) by a deputy sheriff.

The Sheriff’s Department in each county picks up summons, orders, subpoenas, etc. from the Court Clerk every business day, usually in the morning and again before closing. If the PO has been signed and certified by the Court, it will be in the out-going box for the deputy to take. The Sheriff’s Department is the only agency that is authorized to formally serve this document upon the respondent. A road duty deputy will serve the document as time allows between his other duties.
The victim has a right to call the Sheriff’s Department each morning to ask if the PO was served on the respondent the night before. If the department states that they do not have the paperwork yet, the victim should call the Court Clerk’s office and inquire when the paperwork might be ready for pickup by the deputy.

The petitioner (victim) must appear in court on the date set by the Court. The respondent will also be ordered to appear; however, the respondent did not request the civil order, therefore, if he does not choose to appear, the Court will proceed without him. If the respondent waives his right to appear, he will not be given another opportunity and the petition is generally granted as requested by the petitioner.

Violations of a PO should be reported to law enforcement. If the responding officer determines that there is probable cause that the order has been violated, the respondent will be arrested on a misdemeanor charge of invasion of privacy. If the respondent has previously been convicted of invasion of privacy, he will be arrested on a D felony. If the violation consists of battery or intimidation, stalking or trespass, additional criminal charges can be filed against him.

There is no need for the petitioner (victim) to hire an attorney when filing a PO. The paperwork can be comfortably completed with minimal assistance from a victim’s advocate. The Prosecutor’s office does not assist with protective orders. Protective orders are civil; the Prosecutor’s office deals with criminal matters only.

CCI maintains excellent working relationships with all Prosecutors’ Offices in the counties in which they provide services. Please do not hesitate to contact CCI to assist you in contacting and communicating with the Prosecutor in your county.

Indiana No Contact Orders (NCO)

Effective July 1, 2002 House Enrolled Act (HEA) 1232 created three (3) different kinds of orders of protection under Indiana law:

• Protective Order (PO) no fee
• No Contact Order (NCO) no fee
• Workplace Violence Restraining Order (WVRO) no fee

A NCO can only be issued in a CHINS (child in need of services), delinquency or criminal case (pretrial release, diversion, probation, condition of bail, etc.). NCOs are not limited to family/household members, stalking or sex offenses as are POs.

The same case number as was used in the criminal or juvenile case should be used on the NCO.

Defendants and/or juveniles are “served” with a NCO in court (as part of the criminal proceedings) by the Judge.

If the perpetrator of a crime is arrested immediately and taken before a judge soon thereafter, a NCO will take the place of a PO. If there is a lag between the offense and any court action, the victim is advised to begin the process of obtaining a PO. It is not necessary to have a NCO and a PO. The NCO, as part of the criminal case, will take effect immediately, does not require the victim to fill out paperwork and has the authority of the criminal Court behind it.

The victim can consult with the Prosecutor’s office concerning a NCO as the NCO can only be granted as part of a criminal case.

Comparing a Protective Order (PO) to a No Contact Order (NCO)

You can obtain copies of Indiana Protective Orders online at: http://www.in.gov/judiciary/forms/po.html

INDIANA NOTICE OF VICTIM RIGHTS

1. A victim has the right to be treated with fairness, dignity, and respect throughout the criminal justice process.
2. A victim has the right to be informed, upon request, when a person who is accused of committing or convicted of committing a crime perpetrated directly against the victim, is released from custody or has escaped. This includes release or escape from mental health facilities.
3. A victim has the right to have the victim’s safety considered in determining release from custody of a person accused of committing a crime against the victim.
4. A victim has the right to information, upon request, about the disposition of the criminal case involving the victim or the conviction, sentence, and release of a person accused of committing a crime against the victim.
5. A victim has the right to be heard at any proceeding involving sentence or a post-conviction release decision. A victim’s right to be heard may be exercised, at the victim’s discretion, through an oral or written statement, or submission of a statement through audiotape or videotape. A victim has the right to make a written or oral statement for use in preparation of the presentence report.
6. The victim also has the right to read presentence reports relating to the crime committed against the victim in order that the victim can respond to the presentence report.

The alleged felony was directly committed against the victim.

• The alleged felony was directly committed against the victim.
• The alleged felony or misdemeanor was an offense against the person, which includes the crimes of Battery, Domestic Battery, Aggravated Battery, Battery by Body Waste, Criminal Recklessness, Intimidation, Harassment, Invasion of Privacy, or Pointing a Firearm, and the alleged felony or misdemeanor was committed against the victim by a person who:
  1. is or was a spouse of the victim;
  2. is or was living as if a spouse of the victim;
  3. or has a child in common with the victim

For other misdemeanors, a victim must file a request for notice, which includes a current telephone number and address.

1. A victim has the right to pursue an order of restitution and other civil remedies against the person convicted of a crime against the victim.
2. A victim has the right to be informed of the victim’s constitutional and statutory rights.

Information compiled by the Indiana Coalition Against Domestic Violence, 1915 W. 18th Street, Indianapolis, IN 46202 (317) 917-3685

For additional information please see:

• Crisis Connection Statistics
• What is Stalking?
• Are You Being Stalked?
• Domestic Violence Stalking: Time to Act
• Cell Phone Harassment
• Internet Safety
• What’s It Like to be Partnered with an Abusive Man?
• Tactics of Abusive Men
• How Dangerous Is He?
• Why does He Stay and Demand that She Stay?
• Why do some women, who have been abused by their partner, return to these men?
• What Are Your Options?
• Possible Consequences of Choosing to Remain in a Relationship with an Abusive Man
• Stages of Leaving an Abusive Man
• Coping with Relationship Grie
• Making a Difference…One Life at a Time
• Speakers Available