Tag Archives: Protective Orders

Does Someone Need Proof to Issue a Restraining Order Against Me?

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Have you recently had some toxic relationship troubles? Or perhaps a person at work feels threatened by you? Maybe a family reunion over the holidays went bad at some point in the celebratory revelries? Regardless of the circumstances that got you here, facing a restraining order is not something anyone wants to deal with. Unfortunately, just about anyone can petition for a protective order against another person, so long as they have valid justification to do so. But what makes a restraining order request valid in the eyes of the law? Or at least the presiding judge?

Continue reading to learn more about restraining orders, including what is needed to officially put one into motion, and what to do if you violate one.

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Restraining Orders are Court-Ordered Documents

A restraining order is a court-ordered document that legally mandates a defendant (the person the order is against) to stay a specified distance away from the plaintiff (the person filing the order). In most cases, such orders are issued in situations of domestic violence or stalkers. However, they are often issued in legal matters regarding bullying, harassment, provocation, voyeurism, and similar threatening behaviors. It is against the law for a person named in a restraining order to violate any of the terms decreed.

The Process of Filing for a Restraining Order

The process of filing a restraining order is very similar to any other type of court filing process. You would go to the local courthouse, fill out the proper documents given to you by the clerk, and submit the paperwork as instructed. From there, a hearing will be scheduled in which you and the person named in the restraining order will be mandated to appear.

After delivering the facts of the case, the judge will decide if you have provided valid facts that justify granting you a restraining order against the defendant. At this same hearing, the defendant will also have the opportunity to tell their side of the story. If you are the one named in the order, it is vital to have a criminal defense lawyer represent you at this hearing.

Types of Proof

The person filing for a restraining order holds the burden of proving that they are indeed in some form of danger. They must provide facts to the judge that show the defendant is threatening and unwilling to stay away at the plaintiff’s repeated requests. Such proof might include text messages, emails, witness statements, photographs, surveillance video, police reports, and medical records. Word of mouth is not enough to convince a judge to grant a restraining order against a person.

Temporary Restraining Order (TRO)

A temporary restraining order (TRO) is basically the same thing as a standard restraining order, with the only real difference being time. Standard restraining orders, once granted, are kept active until the filer drops the order of protection. Temporary restraining orders are short-term, and only remain in effect for 15 to 20 days. They are mostly used in situations of domestic violence, as well as victims of verbal, emotional, and mental abuse.

Protective Orders Vs. Restraining Orders

Protective order is just another term for restraining order. The exact term used in court proceedings varies among jurisdictions, but they do mean the same thing. Here in Indiana, we use the term, protective order.

What to Do if You Violate a Protective Order in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how to protect yourself after violating a restraining order in Indianapolis, Indiana. Attorney David E. Lewis offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your potential or pending charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

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Is a No Contact Order the Same as a Protective Order?

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It is common for people to mistakenly assume that a “no contact” order is the same as a protective order. Although they are very similar, they are not exactly the same thing. Knowing the difference between the two can give you a better understanding of their purpose. Continue reading to learn more about protection and no-contact orders, and how they are obtained in Indiana.

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Protective Orders

A protective order, also referred to as a restraining order, is a civil-based court order of protection that is signed by a judge, ordering a recognized perpetrator, or respondent, to stay away from the petitioner, or protected party. When a person fears that another individual is going to physically hurt them, they can file a petition with the civil court explaining their fear of imminent bodily injury and how a legal order is the only way to put an immediate end to their danger. The courts can order specific legal boundaries for the respondent, including city zones, residences, family members, and more. Often times, a judge will simply order a respondent to keep a specified distance away from the petitioner at all times, such as 500 feet.

If the court recognizes a petitioner’s case as an emergency, they will approve the protective order. Once the protective order is filed, a hearing is set within 30 days to give the respondent an opportunity to refute the allegations or necessity of the order. In this civil case, it is the petitioner that carries the burden of proof, and must show evidence that the respondent is a threat. If the petition succeeds in proving this evidence, the protective order will go into effect immediately, and will last for 2 consecutive years.

After two years, the protective order must be renewed for it to remain valid, which would call for another civil hearing. In many cases, the respondent must also relinquish their rights to owning and possessing firearms, including giving up their concealed carry permit. And if they are Brady Disqualified as a result of the order, they may never regain their right to have a concealed permit ever again.

No Contact Orders

No contact orders are very similar to protective orders, since they are both signed by a judge and approved in a court or law. However, no contact orders are requested by a prosecutor in a criminal case, not by a petitioner, also making them criminal-based orders rather than civil-based ones. When alleged victims are involved in criminal cases, more often than not, no contact orders are issued at the same time criminal charges are filed against a defendant. And most often, these orders stay in effect throughout the case and for as long as the defendant’s sentence.

No contact orders may be terminated beforehand if a person from the protected party is willing to testify that it is no longer necessary. If a respondent violates any aspect of a no contact order or protective order, they are committing a crime and criminal charges will be filed against them. Generally, the crime is Invasion of Privacy, which can be a misdemeanor or felony charge. Physical contact is not the only way a respondent can violate an order as well. For example, other forms of violation can include:

❊ Direct contact (i.e. same vicinity, physical, eye-to-eye, etc.)

❊ Indirect contact (i.e. mail, sending flowers, leaving notes, etc.)

❊ Third-party contact (i.e. sending messages through mutual acquaintances)

❊ Social media contact (i.e. Twitter, Facebook, Gmail, electronic apps, etc.)

❊ Phone contact (i.e. calls, voicemail, text messages, email, etc.)

Consult an experienced Indianapolis criminal defense attorney for a better understanding of your criminal charges, as well as, the best strategies for your defense. A licensed and experienced criminal lawyer will have your best interests in mind when building a strong defense against your criminal charges. You may have an opportunity to avoid maximum penalties, or have your charges dismissed altogether!

David E. Lewis Attorney at Law

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

Call 317-636-7514 to schedule an appointment with David E. Lewis, Attorney at Law. He is an experienced Indianapolis criminal defense lawyer that can build a strong and aggressive defense for your case. No matter which crime you have been charged with, or the extent of your criminal record, Attorney David E. Lewis retains the knowledge and drive needed to navigate your case and protect your rights. Call 317-636-7514 today if you are facing criminal charges in Indianapolis, Indiana.