Indiana Protective Order Attorney — Protect Yourself and Your Children | Free Consultation

Whether you need to obtain a protective order to keep your family safe or you are facing an order that affects your custody rights, the attorneys at Emerson Divorce and Accident Injury Attorneys provide experienced guidance through every step of the Indiana Civil Protection Order process.

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Quick Answer: How Do I Get a Protective Order in Indiana?

Under the Indiana Civil Protection Order Act (IC 34-26-5), any person who has been a victim of domestic or family violence, stalking, a sex offense, or harassment may petition a court for an order of protection. If the petition involves domestic or family violence, the court can issue an emergency ex parte order immediately — without the other party being present. A full hearing must then be held within 30 days. Protective orders last up to two years and are enforceable in all 50 states. If a divorce, custody, or paternity case is already pending, the protective order petition must be filed in that same court. Violation of a protective order is a criminal offense carrying up to one year in jail and a $5,000 fine.

Why Families Across Indiana Trust Emerson Divorce and Accident Injury Attorneys for Protective Order Cases:

Direct Attorney Access — When you call Emerson Divorce and Accident Injury Attorneys, you speak directly with JR or Jill — not a call center, not an intake coordinator. Your safety cannot wait for a callback from a paralegal.

20+ Years in Hamilton County Courts — We know the judges, the procedures, and the local court culture. That familiarity matters when you need an emergency order granted quickly.

Protective Orders Within the Full Family Law Picture — We handle your protective order alongside your divorce, custody, or paternity case, so nothing falls through the cracks between proceedings.

Transparent Hourly Billing — We believe in honest pricing. You will receive detailed billing statements so you always know exactly what you are paying for. No hidden fees, no surprises.

Compassionate, Experienced Advocacy — Protective order cases are deeply personal and often frightening. We approach every case with empathy, urgency, and a commitment to your safety and your children's wellbeing.

What Is a Protective Order in Indiana?

Emerson Divorce and Accident Injury Attorneys attorneys JR Emerson and Jill Bracken-Emerson at their Carmel, Indiana office

A protective order — sometimes called a restraining order or order of protection — is a civil court order issued under the Indiana Civil Protection Order Act (IC 34-26-5) that directs one person to stay away from and stop threatening another. The Indiana General Assembly enacted the ICPOA in 2002 to overhaul how Indiana courts respond to domestic and family violence, and the Act has been amended several times since to expand protections for victims of stalking, harassment, and sex offenses.

At Emerson Divorce and Accident Injury Attorneys, we have spent more than two decades helping Indiana families navigate protective order cases — both for petitioners who need immediate protection and for respondents who need to understand and respond to an order that affects their custody rights, housing, and daily life. We handle protective orders not as isolated filings but as part of the larger family law picture, because these orders frequently intersect with divorce proceedings, child custody disputes, and paternity actions.

Understanding how protective orders work is essential for anyone involved in a family law matter in Indiana. A protective order can determine where you live, whether you can see your children, whether you can possess firearms, and whether a violation could result in criminal charges. The stakes are high, and the process moves fast — which is exactly why having an experienced Indiana protective order attorney by your side matters.

Who Can File for a Protective Order in Indiana?

Under IC 34-26-5-2, a person who is or has been a victim of domestic or family violence may file a petition for an order of protection against a family or household member. Indiana law defines "family or household member" broadly to include current and former spouses, dating partners, individuals who share a child, people related by blood or marriage, guardians, custodians, and foster parents. A protective order can also be sought against any person — regardless of relationship — who has committed stalking or a sex offense against the petitioner.

A parent or legal guardian may file a petition on behalf of a minor child. In those situations, the adult acts as the child's "next friend" in the proceeding. Additionally, the Indiana Department of Child Services may petition for a separate child protective order under IC 31-34-2.3 to remove an alleged perpetrator from a child's residence.

What Qualifies as Domestic or Family Violence?

Indiana Code defines domestic or family violence as the occurrence of at least one of the following acts committed by a family or household member: attempting to cause, threatening to cause, or causing physical harm; placing another person in fear of physical harm; causing a family member to involuntarily engage in sexual activity by force, threat of force, or duress; or engaging in conduct that constitutes a sex offense. The definition also covers stalking behavior and harassment — though harassment alone cannot support an ex parte order (only a post-hearing order).

Hamilton County Courthouse in Noblesville, Indiana where protective order cases are filed

Where to File a Protective Order in Indiana

A petition for a protective order may be filed with the clerk of the circuit court in the county where the petitioner resides, where the respondent resides, or where the alleged act of violence occurred. However, Indiana law contains an important jurisdictional rule: if a divorce, custody, paternity, or other related case is already pending before a court, the protective order petition must be filed in that same court. This ensures that the judge overseeing your family law matter also handles the protective order — preventing conflicting orders and preserving judicial continuity.

For families in Hamilton County, protective order petitions are typically filed at the Hamilton County Courthouse in Noblesville. The clerk's office provides standardized forms developed by the Indiana Office of Judicial Administration, and clerical staff can assist with the paperwork — though they cannot provide legal advice. There is no filing fee for a protective order petition in Indiana.

A Message from Your Indiana Protective Order Attorneys

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No pressure, no obligation — just two attorneys who care about doing this the right way.

Why Choose Emerson Divorce and Accident Injury Attorneys for Your Protective Order Case

You Speak Directly with Your Attorney

Protective order situations demand immediate attention. When you call our firm, you reach JR or Jill — not a call center. We understand the urgency and respond accordingly.

Integrated Family Law Representation

We handle your protective order alongside your divorce, custody, or paternity case. This means one attorney who understands the complete picture — not fragmented representation across multiple firms.

Transparent Billing

We provide detailed monthly statements so you always understand your investment. No hidden fees, no surprises — just honest billing from attorneys who respect your trust.

Deep Knowledge of Indiana Courts

With offices in Carmel, Fishers, and Zionsville — and more than 20 years practicing in Hamilton County — we know the local courts, the judges, and the procedures that make the difference when timing matters most.

Ex Parte vs. Final Protective Orders in Indiana

Indiana law provides for two types of protective orders, and understanding the difference is critical for anyone involved in a family law case.

Ex Parte (Emergency) Protective Orders

Under IC 34-26-5-9(a), if a petition alleges that domestic or family violence has occurred, a court may immediately issue a protective order ex parte — meaning without prior notice to the respondent and without a hearing. This is designed for emergency situations where the petitioner faces an immediate threat. The court reviews the sworn petition and, if satisfied that the facts support a finding of domestic or family violence, can issue the order the same day.

An ex parte order can provide immediate relief, including ordering the respondent to stay away from the petitioner, removing the respondent from the shared residence, and granting the petitioner temporary custody of children. Once issued, the ex parte order is served on the respondent by the sheriff's department and entered into the Indiana Protective Order Registry.

Important limitation: Under IC 34-26-5-9(b), a court may not issue an ex parte order based solely on allegations of harassment. Harassment-based protective orders require notice and a hearing before the order can be granted.

Final Protective Orders (After Hearing)

After an ex parte order is issued, the court must schedule a hearing within 30 days. At this hearing, both the petitioner and the respondent have the opportunity to present evidence, call witnesses, and cross-examine the opposing party. The respondent may also request a hearing at any time after being served with the ex parte order.

If the court finds by a preponderance of the evidence that domestic violence, family violence, stalking, a sex offense, or harassment occurred, it will issue a final protective order. A final order is effective for two years from the date of issuance unless the court specifies a different duration. For cases involving sex offenders required to register as lifetime offenders, the protective order may be issued indefinitely.

A final protective order may include broader relief than the ex parte order, including orders for temporary child support, attorney fees, counseling, and surrender of firearms. Any custody, parenting time, or property provisions in the protective order are superseded if a dissolution court later enters its own orders on those subjects under IC 34-26-5-9(g).

What a Protective Order Can Cover

Under IC 34-26-5-9(c) and (d), an Indiana protective order can provide a wide range of relief tailored to the petitioner's safety needs. The specific provisions depend on whether the order is issued ex parte or after a full hearing.

Relief Available in an Ex Parte Order

An ex parte protective order may enjoin the respondent from threatening to commit or committing acts of domestic or family violence, prohibit the respondent from contacting the petitioner directly or indirectly, prohibit the respondent from using tracking devices to monitor the petitioner, remove and exclude the respondent from the petitioner's residence (regardless of who owns the property), grant the petitioner temporary custody of shared children, and order the respondent to stay away from the petitioner's residence, workplace, school, or other specified locations.

Additional Relief Available After a Hearing

Following a full hearing, the court may also order the respondent to participate in a batterer's intervention program or other counseling, order the respondent to pay temporary child support, spousal maintenance, rent or mortgage payments, and attorney fees, direct the respondent to surrender all firearms, ammunition, and deadly weapons for the duration of the order, grant the petitioner exclusive possession of a vehicle, personal property, and household pets, order a wireless carrier to transfer cell phone numbers used by the petitioner or minor children, and provide any other relief necessary to protect the safety of the petitioner and household members.

Federal Firearm Restrictions

Under 18 U.S.C. § 922(g)(8), once a respondent has received notice of a protective order and been given an opportunity to be heard, federal law prohibits the respondent from purchasing, receiving, or possessing firearms while the order is in effect — if the protected person is a spouse, former spouse, cohabitant, or co-parent. This federal restriction applies regardless of whether the state order specifically addresses firearms, making it one of the most significant consequences of a final protective order.

Types of Protective Order Cases We Handle

Domestic Violence Protective Orders

The most common type of protective order in Indiana. Filed against a current or former spouse, dating partner, or household member who has committed or threatened physical violence. These orders qualify for immediate ex parte issuance.

Protective Orders During Divorce

When domestic violence occurs during a marriage, a protective order may be sought as part of or alongside the divorce proceeding. Indiana law requires that the petition be filed in the court already handling the dissolution case.

Stalking and Harassment Orders

Indiana allows protective orders against any person — not just family members — who has committed stalking under IC 35-45-10-5 or repeated harassment. However, harassment-only orders cannot be issued ex parte and require a noticed hearing.

Protective Orders Involving Child Custody

When violence threatens children, a protective order can include temporary custody provisions, supervised visitation, and residence exclusion — all of which are critical during custody disputes or paternity actions.

Defending Against a Protective Order

Not all protective order petitions are filed in good faith. Some are used strategically in divorce or custody disputes. We represent respondents who need to challenge false or exaggerated allegations while protecting their parental and civil rights.

Sex Offense Protective Orders

Victims of sex offenses defined under IC 35-42-4 may petition for a protective order regardless of their relationship to the offender. For lifetime registered sex offenders, these orders may be issued indefinitely.

Step-by-Step: How to Obtain a Protective Order in Indiana

1

Free Initial Consultation

Contact Emerson Divorce and Accident Injury Attorneys to discuss your situation. We will assess whether a protective order is appropriate, explain your options, and begin gathering the information needed for your petition. In emergencies, we can move quickly.

2

Preparing and Filing the Petition

We prepare the verified petition using standardized Indiana forms, detailing the specific acts of violence, harassment, or stalking. The petition includes your relationship to the respondent, the facts supporting your request, and the specific relief you need — such as temporary custody, residence exclusion, or no-contact provisions.

3

Ex Parte Review by the Court

For petitions alleging domestic or family violence, the judge reviews the petition — often the same day — and may issue an emergency ex parte protective order without a hearing. The order takes effect immediately upon issuance.

4

Service on the Respondent

The county sheriff serves the respondent with the petition and the ex parte order. Indiana law requires expedited service for protective orders. The order is also entered into the Indiana Protective Order Registry and the Indiana Data and Communication System (IDACS), making it immediately accessible to law enforcement statewide.

5

Hearing Within 30 Days

The court schedules a hearing within 30 days. Both parties may present testimony, evidence (photographs, text messages, medical records, police reports), and witnesses. We prepare you thoroughly so your story is heard clearly and convincingly.

6

Final Protective Order Issued

If the court finds by a preponderance of the evidence that violence, stalking, a sex offense, or harassment occurred, it issues a final protective order effective for up to two years. The court may also order the respondent to surrender firearms, pay child support, attend counseling, or comply with other conditions.

7

Enforcement and Ongoing Support

If the respondent violates the protective order, we help you pursue enforcement through contempt proceedings or by working with law enforcement to file criminal charges. We also assist with extensions, modifications, and coordination with your ongoing divorce or custody case.

How Protective Orders Intersect with Child Custody in Indiana

The relationship between protective orders and child custody is one of the most critical and misunderstood areas of Indiana family law. A protective order can profoundly affect custody proceedings — and a custody case can shape how a protective order is interpreted, modified, or superseded.

Temporary Custody in a Protective Order

An ex parte protective order may include a temporary custody provision granting the petitioner sole possession, care, custody, or control of shared children. This temporary custody arrangement remains in effect until the protective order hearing, and if the final order is granted, it may continue for the duration of the two-year order. However, Indiana law is clear that custody is not a primary "remedy" under the Civil Protection Order Act — it is ancillary relief designed to protect the children's safety.

Supersession by the Dissolution Court

Under IC 34-26-5-9(g), any custody, parenting time, or property order issued as part of a protective order is automatically superseded once a court exercising dissolution, paternity, or juvenile jurisdiction issues its own order on those same subjects. This means that if a divorce or paternity case is filed after the protective order, the family law court's custody order will take precedence. This is why it is so important to have one attorney handling both matters — so that the protective order and the custody case work in concert rather than creating conflicting obligations.

Impact on Best Interests Analysis

When a court evaluates child custody under Indiana's best interests factors (IC 31-17-2-8), one of the eight statutory factors is evidence of domestic violence by either parent. A granted protective order — particularly one that includes findings of domestic or family violence — carries significant weight in custody determinations. The court will consider the history of violence, the credibility of the allegations, the risk of future harm to the children, and whether the violent parent has taken steps toward rehabilitation.

Parenting Time Restrictions

A protective order may restrict or entirely prohibit the respondent's parenting time, or it may require supervised visitation. Under the Indiana Parenting Time Guidelines, the court may deviate from standard parenting time schedules when there is evidence of domestic violence, substance abuse, or a pattern of behavior that endangers the child's physical or emotional wellbeing.

False Protective Orders as a Custody Strategy

Unfortunately, protective orders are sometimes used strategically in custody disputes — filed without genuine basis to gain an advantage in a custody proceeding. When this happens, the respondent's ability to see their children, live in the family home, and participate in their child's daily life can be severely disrupted. At Emerson Divorce and Accident Injury Attorneys, we represent respondents facing this situation and work to challenge unsupported allegations while protecting parental rights. We also represent petitioners whose genuine safety concerns are questioned, ensuring that the court understands the reality of the threat.

Facing a Protective Order Situation in Indiana?

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Violations of Protective Orders in Indiana

Violating a protective order in Indiana is a criminal offense under IC 35-46-1-15.1, classified as "invasion of privacy." A first offense is a Class A misdemeanor, carrying penalties of up to one year in jail and a fine of up to $5,000. If the respondent has a prior unrelated conviction for invasion of privacy or stalking, the offense is elevated to a Level 6 felony, which carries a potential sentence of six months to two and a half years.

It is critical to understand that the respondent can be arrested for violating a protective order even if the petitioner invited or consented to the contact. The Indiana Supreme Court has emphasized that once a protective order is in effect, the respondent is prohibited from contact regardless of the petitioner's wishes — the order can only be modified or dismissed by the court. Using a drone or unmanned aerial vehicle to violate the order is also explicitly covered under the statute.

In addition to criminal prosecution, the petitioner may also seek to hold the respondent in civil contempt, which can result in additional jail time, fines, and an extension of the protective order.

Protective Orders in Indiana Divorce Cases

Domestic violence is, unfortunately, a common backdrop to many Indiana divorce cases. When a spouse experiences violence or threats during the marriage — or after a separation is initiated — a protective order becomes both a safety tool and a critical piece of the divorce proceeding.

Indiana law requires that if a divorce case is already pending, the protective order petition must be filed in the same court. This means the dissolution judge handles both matters, which ensures consistency in rulings about property division, temporary support, and custody.

A protective order can affect the divorce in several important ways: it may determine who remains in the marital residence during the pendency of the case, it may establish temporary custody and support obligations that carry into the final decree, and the court's findings of domestic violence can influence equitable distribution of property under IC 31-15-7-4. Evidence of domestic violence is also a factor the court may consider when awarding or denying spousal maintenance.

Indiana Protective Order Statutes

IC 34-26-5 — Indiana Civil Protection Order Act

The comprehensive statute governing protective orders in Indiana. Establishes who may petition, the types of orders available, the relief a court can grant, procedural requirements, and enforcement mechanisms. This is the primary statutory authority for all civil protective orders in the state.

IC 34-26-5-2 — Persons Eligible to File

Defines who may seek a protective order: victims of domestic or family violence against a family or household member, and victims of stalking or sex offenses against any person. Also authorizes parents and guardians to file on behalf of minor children.

IC 34-26-5-9 — Ex Parte Orders and Relief After Hearing

The most critical procedural section. Authorizes immediate ex parte orders for domestic/family violence (but not harassment alone), specifies the relief available in ex parte and post-hearing orders, establishes the two-year default duration, and provides that custody orders in a protective order are superseded by dissolution court orders.

IC 35-46-1-15.1 — Invasion of Privacy (Violation of Protective Order)

The criminal statute that makes violating a protective order an offense. A first violation is a Class A misdemeanor (up to 1 year in jail, $5,000 fine). A repeat offense or prior stalking conviction elevates the charge to a Level 6 felony.

IC 31-17-2-8 — Best Interests of the Child Factors

Indiana's eight-factor test for custody determinations includes consideration of evidence of domestic violence by either parent. A protective order finding can significantly influence custody outcomes.

IC 5-2-9-5.5 — Indiana Protective Order Registry

Establishes the statewide electronic registry where all protective orders are recorded. Law enforcement can access this registry in real time through IDACS, ensuring orders are enforceable across all 92 Indiana counties.

18 U.S.C. § 922(g)(8) — Federal Firearm Prohibition

Federal law that prohibits a person subject to a qualifying protective order from purchasing, receiving, or possessing firearms. Applies once the respondent has received notice and had an opportunity to be heard, and the protected person is a spouse, former spouse, cohabitant, or co-parent.

Protect What Matters Most

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What to Bring When Filing for a Protective Order

Respondent Information

Full legal name, current address, date of birth or Social Security number, physical description (height, weight, hair color, tattoos, scars), employer name and address, vehicle information, and phone numbers. The sheriff needs this information to serve the order.

Evidence of Violence or Threats

Photographs of injuries, damaged property, or the scene. Copies of threatening text messages, emails, voicemails, or social media posts. Screenshots should include dates and the sender's identity.

Medical and Police Records

Medical records documenting injuries, hospital visit summaries, and police reports from any incidents. If you called 911, request copies of the dispatch records. These records corroborate your petition.

Children and Related Case Information

Names and dates of birth of all children involved. Case numbers for any pending divorce, custody, or paternity cases. Information about the children's school and current living arrangements. The court needs this to issue appropriate custody and parenting time provisions.

Court Filing Guide — Hamilton County

Hamilton County Courthouse
1 Hamilton County Square, Noblesville, IN 46060
Phone: (317) 776-9629

Protective order petitions are filed with the Clerk of the Circuit Court. Standardized forms are available from the clerk's office or online through the Indiana Office of Judicial Administration. There is no filing fee for protective order petitions in Indiana.

If you have a pending divorce, custody, or paternity case in Hamilton County, your protective order must be filed in the court already handling that case. The clerk can help you identify the correct court and case number.

Driving distances to the Hamilton County Courthouse: Carmel — approximately 15 minutes via Rangeline Road. Fishers — approximately 15 minutes via SR 37. Westfield — approximately 15 minutes via SR 32. Zionsville — approximately 25 minutes via US 421.

Protective Order Timeline

Ex Parte Order

Same Day

If domestic violence is alleged, the court can issue an emergency order the day the petition is filed.

Service on Respondent

1–7 Days

The sheriff provides expedited service. Timing depends on locating the respondent.

Full Hearing

Within 30 Days

Both parties present evidence. The court determines whether to issue a final order.

Final Order Duration

Up to 2 Years

Default duration. Can be extended once, or issued indefinitely for lifetime sex offenders.

Results for Indiana Families

Protective Order and Counter-Filing

Husband filed a false protective order against wife during divorce. Jill defeated the false filing and obtained a legitimate protective order for the wife.

Hamilton County Emergency Custody

Mother discovered father was using drugs around the children. Jill obtained an emergency custody order within 48 hours, protecting the children and securing sole custody for the mother.

Westfield Custody Relocation

Father attempted to relocate children out of state. Jill proved relocation would harm the children's stability in their Westfield school district. Court denied the relocation and maintained the mother's primary custody.

Interstate Custody Jurisdiction Dispute

Mother relocated to another state with children without consent. Jill invoked the UCCJEA to return jurisdiction to Indiana and secure the father's custody rights.

Past results do not guarantee future outcomes. Every case is unique and results depend on specific facts and circumstances.

View All Case Results →

What Our Clients Say

★★★★★

"This firm is amazing. Jill and Katie worked so closely with me. They helped me understand every part of the legal process they were helping me through. They were compassionate. They knew the case I brought to them was tough and they both worked so hard. They communicated with me regularly and were very quick to respond to any questions I had. Thank you for all your hard work."
Shannon Poole — Feb 8, 2024

★★★★★

"JR and all of his associates are an amazing firm who will always fight for your best interests. They have been extremely helpful with assisting me through a very difficult part of my life. I can't recommend them highly enough!"
Alexander Jones — Jan 30, 2024

Frequently Asked Questions About Indiana Protective Orders

How do I file for a protective order in Indiana?

You file a petition for a protective order with the clerk of the circuit court in the county where you live, where the respondent lives, or where the violence occurred. The petition must be on standardized Indiana forms and verified under oath. There is no filing fee. If you have a pending divorce or custody case, you must file in that court. An attorney can help ensure the petition is complete and compelling.

What is the difference between an ex parte and a final protective order?

An ex parte order is issued immediately without the respondent being present, based solely on the petitioner's sworn statements. It provides emergency protection until a hearing is held. A final protective order is issued after both parties have the opportunity to present evidence at a hearing, and it remains in effect for up to two years.

Can I get an emergency protective order the same day I file?

Yes, if your petition alleges domestic or family violence. Under IC 34-26-5-9(a), the court can issue an ex parte protective order immediately upon reviewing your petition. However, if the petition is based solely on harassment (without violence), an ex parte order cannot be issued — the court must schedule a hearing first.

How long does a protective order last in Indiana?

A standard protective order in Indiana is effective for two years from the date of issuance under IC 34-26-5-9(f). The court can set a different duration, and the order can be renewed once for an additional period. For cases involving lifetime registered sex offenders, the order may be issued indefinitely.

Does a protective order affect child custody?

Yes, significantly. A protective order can include temporary custody provisions, and evidence of domestic violence is one of the eight factors courts consider under IC 31-17-2-8 when determining the best interests of the child. However, any custody order within a protective order is superseded once a dissolution or custody court enters its own order on those issues.

What happens if someone violates a protective order in Indiana?

Violating a protective order is a criminal offense called "invasion of privacy" under IC 35-46-1-15.1. A first violation is a Class A misdemeanor punishable by up to one year in jail and a $5,000 fine. A second offense can be charged as a Level 6 felony. Importantly, the respondent can be criminally charged even if the petitioner invited the contact.

Can I get a protective order if we are not married?

Yes. Indiana's definition of "family or household member" includes current and former dating partners, people who share a child, and people related by blood or marriage. You can also seek a protective order against a stalker or someone who committed a sex offense against you regardless of any relationship.

Is a protective order the same as a restraining order in Indiana?

In Indiana, what many people call a "restraining order" is technically a civil protective order issued under the Indiana Civil Protection Order Act (IC 34-26-5). The terms are often used interchangeably, but Indiana law specifically uses "order for protection" or "protective order." A separate type of restraining order — a temporary restraining order (TRO) — can be issued under Indiana Trial Rule 65 in certain civil cases, but that is a different legal mechanism.

Does a protective order require the respondent to surrender firearms?

Indiana courts have discretion to order a respondent to surrender firearms, ammunition, and deadly weapons as part of a protective order. Additionally, under federal law (18 U.S.C. § 922(g)(8)), once the respondent has received notice and an opportunity to be heard, they are prohibited from possessing firearms if the protected person is a current or former intimate partner or co-parent.

Can a protective order be dismissed or modified?

Yes. Either party can petition the court to modify or dismiss a protective order. The petitioner may request dismissal if they no longer feel threatened, and the respondent may request modification if circumstances have changed. However, the court makes the final decision — a protective order cannot be dismissed simply because the petitioner asks, if the court believes there is still a credible threat.

Is there a cost to file a protective order in Indiana?

No. There is no filing fee for a petition for a protective order in Indiana. The clerk's office provides the standardized forms at no cost, and the sheriff provides service of the order. However, if you hire an attorney to represent you, attorney fees will apply. The court may also order the respondent to pay the petitioner's attorney fees as part of the final order.

Where do I file a protective order in Hamilton County?

Protective order petitions in Hamilton County are filed at the Hamilton County Courthouse, 1 Hamilton County Square, Noblesville, IN 46060. If you have a pending family law case, the petition must be filed in the court already handling that case. The clerk's office is open during regular business hours and can provide the necessary forms.

Can the other parent still see our children if I have a protective order?

It depends on the terms of the order. A protective order may restrict or eliminate the respondent's parenting time, or it may allow supervised visitation. If a custody order from a dissolution or custody court already exists or is later entered, that order supersedes the protective order's custody provisions under IC 34-26-5-9(g).

Is my protective order enforceable in other states?

Yes. Under the federal Violence Against Women Act (18 U.S.C. § 2265), protective orders are given full faith and credit across all 50 states and tribal lands. An Indiana protective order must be enforced by law enforcement and courts in any other state as if it were issued there. Keep a copy of your order with you at all times.

Can I get a protective order on behalf of my child?

Yes. A parent or legal guardian may file a petition for a protective order on behalf of a minor child under IC 34-26-5-2. The adult acts as the child's "next friend" in the proceeding. Additionally, the Indiana Department of Child Services may petition for a child protective order under IC 31-34-2.3 to remove an alleged perpetrator from a child's home.

How much does it cost to hire a protective order lawyer in Indiana?

Attorney fees for protective order cases vary depending on the complexity of the case, whether it involves a contested hearing, and whether it is part of a larger family law matter. At Emerson Divorce and Accident Injury Attorneys, we offer free initial consultations and transparent hourly billing. We believe you should always know what you are paying for, and we provide detailed monthly statements.

Can a protective order be used against me in a custody case?

Yes. A granted protective order — particularly one that includes findings of domestic violence — can be used as evidence in a custody proceeding. Under IC 31-17-2-8, evidence of domestic violence by either parent is one of the eight factors courts use to determine child custody. This is why it is critical to take protective order proceedings seriously, whether you are the petitioner or the respondent.

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When you're dealing with a serious injury or facing a difficult divorce, the last thing you need is a law firm that treats you like a number. At Emerson Divorce and Accident Injury Attorneys, you will speak directly with JR or Jill — not a call center, not an intake coordinator, not a paralegal screening your call.

We provide every potential client with a free initial consultation so we can listen to your story, answer your questions, and give you an honest assessment of your options. There is no cost and no obligation to talk to us about your case.

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Emerson Divorce and Accident Injury Attorneys, L.L.C.
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