How To Get A Restraining Order In Indiana

An Indiana restraining order (also called a protection order) is a court-issued directive that limits contact between individuals when allegations of harassment, domestic violence, stalking, or threats of physical harm arise. Indiana courts issue these orders under the authority of the Indiana Civil Protection Order Act, primarily codified in Indiana Code §§ 34-26-5. Protective orders serve as preventive remedies and may be issued when evidence shows a respondent poses a credible threat to another's safety. Courts also grant them for repeated intimidation, sexual violence, or other unlawful contact. Once issued, a restraining order is filed and maintained as part of Indiana civil court records. These records document the court's findings, terms of the order, and related filings or hearings.

Types Of Restraining Orders in Indiana

Indiana law provides several types of restraining orders, each addressing specific risks or unlawful conduct:

• Protective Orders under Indiana Code § 34-26-5 protect individuals from domestic violence, stalking, or harassment in household or family relationships.
• No-contact orders are granted in criminal cases to prevent contact between the defendant and the protected person during the prosecution, probation, or sentencing process.
• Workplace Violence Restraining Orders allow employers to seek protection for employees facing threats or acts of violence in the workplace.
• Juvenile No-Contact Orders are issued in juvenile court to protect children, often as part of a dispositional decree in delinquency or child protection matters, limiting contact with specific individuals. Adult parties can file for these on a child's behalf.

Are Restraining Orders Public Records In Indiana?

Yes. In Indiana, restraining orders are generally part of the public court record. Once filed, they are entered into the case management system and may be accessible through court clerks or online portals unless restricted by court order. All interested parties can typically access these records, especially in cases involving adult civil protective orders.

However, state law permits the redaction or sealing of specific details, such as the names of minors, protected addresses, or sensitive information about victims. Access may be restricted in limited circumstances, such as juvenile no-contact orders or cases involving confidential child protection matters. But standard protective order records remain publicly viewable unless a judge grants a motion to seal based on compelling privacy concerns.

How To Lookup Restraining Orders In Indiana

Some options for looking up restraining orders in Indiana include:

• In-person courthouse search
• MyCase statewide portal – Users are allowed to search civil protective order records unless restricted.
• Law enforcement databases (Indiana Protective Order Registry) – Agencies may access orders through state criminal justice networks.
• Other sources include named parties and third-party websites.

Can You Look Up a Restraining Order Online?

Yes. Indiana provides online access to restraining order case information through its centralized court records database. This portal allows the public to search general civil court records by name, case number, or county. However, online access is limited to general case details such as the filing date, status, and hearing schedule. Full documents are not viewable unless specifically authorized or released.

However, law enforcement agencies can access the Protection Order Registry through secure online systems. Eligible individuals, such as named parties in the order, should contact the police department that served it to request access. Officers can retrieve and disclose the order's conditions on behalf of the involved parties.

How To File A Restraining Order In Indiana

Interested and eligible persons may file an Indiana protection order in the following steps:

Step 1: Identify the Specific Offense

Determine if the situation involves domestic violence, stalking, harassment, or a sex offense.

Step 2: File at the County Clerk's Office

To file a petition, the Petitioner has to provide the Respondent's correct legal name. To help law enforcement enforce the Order for Protection, it is also essential to include the Respondent's date of birth and/or Social Security Number, along with a current address. The Respondent's address may be required for the court to issue certain forms of relief, such as eviction or service-related provisions. The following documents are to be filed with the clerk's office:

• Four copies of Form PO-0102 (Petition for Order of Protection) - Filed by the person seeking protection. To file a Petition for Order of Protection on behalf of a child, complete four copies of Form PO-0103.
• One copy of Form PO-0104 (Confidential Form)
• Three copies of the Notice of Exclusion.

Petitioners should attach affidavits, if third-party witness statements are available, and submit all forms to the County Clerk's Office. Filing is free.

Step 3: Request an Ex Parte Order & Receive Hearing Date

The court may issue a same-day ex parte order with temporary protections. For domestic violence, this may include eviction or no-contact terms. For harassment claims, a hearing must occur within 30 days before any order is granted.

Step 4: Attend Hearing

At the hearing, each party may present supporting evidence. If the court grants the order, it typically remains in effect for two years unless the judge sets a different duration. If the Respondent is a registered sex offender, the order may be issued indefinitely.

Can You File A Restraining Order For No Reason In Indiana?

No. Indiana does not permit restraining orders without cause. Under IC 34-26-5-9, a court may issue an order "if it appears from a petition.. that domestic or family violence has occurred". This standard requires specific and credible allegations, not baseless claims. Without facts showing harm or threat, the court cannot lawfully grant protection, even temporarily.

What Proof Do You Need For A Restraining Order In Indiana?

To obtain a restraining order in Indiana, the Petitioner has to show proof that domestic violence, stalking, harassment, or a sex offense occurred. This burden applies both to temporary and final protective orders.

Proof Required for Temporary Orders

Courts may issue a temporary (ex parte) order based solely on the Petitioner's sworn statement if the allegations indicate immediate danger or recent harm.

Proof Required for Final Orders

At the hearing, the Petitioner has to present evidence to support the claims. The Respondent may contest the allegations. Courts accept a wide range of supporting documentation, including:

• Police reports or 911 call logs
• Texts, emails, voicemails, or written threats
• Photos of injuries or damaged property
• Medical or mental health records
• Eyewitness testimony or affidavits

How Long Does It Take To Get A Restraining Order In Indiana?

The timeline for Indiana restraining orders is as follows:

• An ex parte protective order may be issued the same day the petition is filed if the court finds an immediate and present danger. This temporary order offers short-term protection.
• Petitions based on harassment require a hearing within 30 days before any relief may be granted.
• A hearing for a final order is generally held within 7 to 21 days of filing, giving both parties the chance to appear.

How Long Does A Restraining Order Last In Indiana?

The duration of restraining orders in Indiana varies by type:

• Emergency Orders typically last five to seven days and are issued when courts are closed or immediate danger exists.
• Temporary (Ex Parte) Orders usually remain in effect for two to three weeks until the court holds a hearing on the matter.
• Final Protective Orders may last for up to two years by default. However, courts may set a different end date or issue orders indefinitely in cases involving sex or violent offenders.

Petitioners may request a renewal from the same court that issued the original order by filing before its expiration and demonstrating that continued protection is warranted.

How Much Does A Restraining Order Cost in Indiana?

The cost of filing for a restraining order is generally zero for cases involving domestic violence, stalking, sex offenses, or harassment. Indiana law typically waives filing fees, service costs, and certified copy charges for these protection orders, ensuring that victims can access relief without financial barriers. Although uncommon, if any court-related fees arise in a separate proceeding, the Petitioner may plea a fee waiver by presenting an affidavit of indigency. Courts routinely approve such requests based on financial hardship or limited income.

Can You Cancel A Restraining Order In Indiana?

Yes. In Indiana, once a restraining order is issued, only the court can modify or cancel it. Neither the Petitioner nor the Respondent may disregard or adjust the order without judicial approval. Either party may pursue the following steps:

• Filing: The requesting party can submit a request in the court that issued the original order. The court clerk will provide the appropriate form for this request:
  • Form PO-0108 (Verified Request for Dismissal), if the party seeks to cancel the order.
  • Form PO-0115 (Verified Petition to Modify), to request changes to the order's terms.
  • Form PO-0117 (Notice of Extension, Modification, or Termination), to update enforcement agencies.
  • A written explanation justifying the request (provided by the requesting party).
• Notice and Service: The requesting party has to provide notice of the request and serve an issue of the motion on the opposing party. The court will subsequently fix a hearing date.
• Court Hearing: Both parties may attend and present evidence. The judge will decide whether the requested change or termination is appropriate, taking into account the current circumstances.
• Order and Notification: If approved, the court updates the order and notifies law enforcement through the Indiana Protective Order Registry.