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Legal Information: Indiana

Restraining Orders

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May 24, 2016

Under Indiana law, if you are the victim of stalking or a sex offense, you can apply for an order for protection even if the person who committed the stalking or sex offense is not a family or household member. The person can be an acquaintance, a stranger, a co-worker, a neighbor, or any other relationship to you. (The forms for this order as the same as the forms for a domestic violence order for protection.)

What is the legal definition of stalking?

Stalking is a pattern of behavior.  It includes two or more incidents of intentional and repeated harassment that reasonably cause you to feel frightened, intimidated or threatened.*  You can click on each link to read the definitions of these terms on our IN Statutes page.

* IC § 35-45-10-1

What is the legal definition of a "sex offense"?

A “sex offense” can be defined as any of the following:

  1. when someone forces you to have sexual intercourse* or “deviate sexual conduct” (i.e., oral or anal sex; or penetration with an object):**
    • by force or an immediate threat of force;
    • when you are unaware that the sexual intercourse is occurring; or
    • when you are so mentally disabled or deficient that you cannot consent to sexual intercourse (including if you are drugged without your knowledge);
  2. child molestation (of a child under 14)
  3. sexual misconduct with a minor (which involves sexual contact with a child between the ages of 14 and 16
  4. child seduction (which involves sexual contact with a child between the ages of 16 and 18)
  5. vicarious sexual gratification;
  6. fondling in the presence of a minor;
  7. child solicitation
  8. sexual battery; or
  9. communication with a child concerning sexual activity

You can click on each link to read the definitions of these crimes on our IN Statutes page.

* IC § 35-42-4-1
** IC §§ 35-42-4-2 and 35-31.5-2-94

What types of orders are available and how can one help me?

The order for protection that you would get against someone who commits a sex offense or stalking against you comes under the same laws as an order for protection based on domestic/family violence.  You would fill out the same forms and the protections offered can be the same.  Therefore, for more information, please see the Orders for Protection due to Domestic Violence section.