Fort Wayne and Auburn, Indiana Attorney at Law
Indiana allows individuals in certain circumstances to seek an Order for Protection (Protective Order, often confused for a "Restraining Order") on behalf of themselves or someone else. The circumstances which permit such an Order have been narrowed in recent years. The statute requires two elements to gain an Order for Protection. The first is that the parties bear some type of relationship with each other. This usually means that they are related, used to be related, have a child together, resided together, or had a relationship together. The second element is that the Petitioner has suffered some sort of harm from the Respondent. This harm must either be domestic or family violence, stalking, or a sex offense.
The consequences of a Protective Order are extensive. The violation of a Protective Order is a criminal offense, known as Invasion of Privacy. A person against whom a Protective Order is issued may not possess firearms. Notice of the existence of a Protective Order is usually made aware to law enforcement officials nationwide. However, a Protective Order is usually subject to a parenting time Order, meaning that in most cases, it will not deprive a parent of Judicially determined rights of time with their child. Of course, if there is no Judicially determined parenting time Order, the effect would likely be deprivation of time pending this determination.
Domestic violence is relevant in a number of other areas of the law. Domestic violence may lead to criminal charges. It is also one of the factors a Court will utilize in determining child custody. (For a complete list of these factors, please click this link to "Child Custody and Support" in our practice area webpage. A Court has the duty by statute to require parenting time to be supervised for a period of time if a child of the parties was present at the time of the domestic violence.
Nordmann Law Offices provides a more thorough explanation of all these ideas at a free initial consultation.
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Nordmann Law Offices
Fort Wayne Office
110 West Berry Street
2010 National Center
Fort Wayne, IN 46802-2316
260-420-5511 (phone)
260-420-5521 (fax)
Auburn Office
600 South Main Street
Auburn, IN 46706
260-925-5200 (phone)
260-420-5521 (fax)
Based in Fort Wayne and Auburn, Indiana, Nordmann Law Offices represents clients in Fort Wayne, Auburn, Angola, Indianapolis, Decatur, Bluffton, Columbia City, Huntington, Albion, LaGrange, and Kendallville; as well as Steuben County, De Kalb County, Allen County, Noble County, Wells County, Adams County, Huntington County, Whitley County, Marion County, and LaGrange County, Indiana.
