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Legal Information: Indiana

Restraining Orders

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May 24, 2016

Who can get an order for protection?

In Indiana, you can seek legal protection against a family or household member, which is defined below (as well as against anyone, regardless of the relationship, who committed stalking or a sex offense against you).  A person is considered a family or household member if:

  • s/he is, or used to be, your spouse;
  • you and the abuser lived together in an intimate relationship;
  • you and the abuser have a child in common;
  • you and the abuser are dating, or have dated, each other or have had a sexual relationship;
  • you and the abuser are related by blood or adoption;
  • you and the abuser are related by marriage;
  • the abuser is, or used to be, your guardian, ward, custodian, foster parent or someone in a similar capacity;
  • you are the minor child of a person in one of the types of relationships described above; or
  • you adopted the child of the abuser.*

Note: If an abuser has been violent towards you, stalked you, or threatened you with violence that might be carried out at your workplace, your employer has the right to file for a restraining order on your behalf.**  See Workplace Violence Restraining Orders for more information.  If the abuser was arrested for family violence, you may also receive a “no contact order” from the criminal court, which offers some of the same protections as a civil order for protection. 

* IC § 34-6-2-44.8; see also the petition for an order of protection on the Indiana Judicial Branch website
** IC §§ 34-26-6-6; 34-26-6-7