Indiana protective order law
Indiana’s Protective Order Law
To receive a protective order under the Indiana Protection Order Act (the “Act”), Ind. Code § 34-26-5, a person seeking relief (the “Petitioner”) must allege that the perpetrator (the “Respondent”) committed:
- Domestic or family violence;
- A sex offense; or
- Stalking.
In short, the Respondent must be one of the following:
- A family or household member of the Petitioner; or
- A person who has committed a sex offense, stalking, or harassment against the Petitioner.
"Family or household member" includes any of the following:
- A current or former spouse;
- A person who is dating or has dated;
- A person who is engaged or was engaged in a sexual relationship;
- A person who is related by blood or adoption;
- A person who is related or was related by marriage;
- A person who has an established legal relationship or previously established a legal relationship:
- as a guardian;
- as a ward;
- as a custodian;
- as a foster parent; or
- in a capacity similar to those listed above;
- A person who has a child in common; and
- A minor child of a person in a relationship of the described types above.
"Domestic or family violence" means:
- Attempting to cause, threatening to cause, or causing physical harm to another family or household member;
- Placing a family or household member in fear of physical harm; or
- Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress.
"Stalking" means "a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened." Ind. Code § 35-45-10-1. "Course of conduct" means at least two incidents.
"Sex offense" means one of the crimes listed in Ind. Code § 35-42-4, such as rape, sexual battery, or crimes against children.
More information about the Act may be found in the Protection Order Deskbook available on the Indiana Supreme Court's Protection Order website. The Court's website also contains an extensive list of forms for seeking a protective order and other related resources.