If you are in immediate danger, call 911. For confidential 24/7 support, the National Domestic Violence Hotline is available at 1-800-799-7233. This article is general information, not legal advice, and is not an emergency resource. Contact an attorney for guidance on your specific situation.

A protective order is one of the most direct legal tools Indiana offers for safety — a court order telling one person to stop contacting, threatening, or coming near another. It can be issued quickly, sometimes the same day a petition is filed, and there is no fee to ask for one. But protective orders are also frequently misunderstood: who qualifies, how long they last, what they actually require, and how they differ from the no-contact order a criminal court might issue. Understanding the framework helps whether you are seeking protection or responding to a petition.

Indiana protective orders are governed by the Indiana Civil Protection Order Act, Ind. Code § 34-26-5. The law is meant to protect victims of domestic or family violence, stalking, sex offenses, and harassment, and to prevent future violence. A protective order is civil — the person seeking protection files it — but violating one is a crime, which is the feature that gives these orders their teeth.

Who Can Get a Protective Order

Under Ind. Code § 34-26-5-2, a person may petition for an order for protection if they are or have been:

  • A victim of domestic or family violence — filed against a family or household member who committed an act of domestic or family violence;
  • A victim of stalking (as defined in Ind. Code § 35-45-10); or
  • A victim of a sex offense (under Ind. Code § 35-42-4); or
  • A victim of repeated harassment.

A parent, guardian, or other representative can also file on a child's behalf. Indiana does not allow "mutual" protective orders — a court cannot enter a single order restraining both people against each other; each person seeking protection must petition separately, and each respondent requires a separate case.

There is no filing fee to petition for a protective order in Indiana, and you do not need a lawyer to file. The state provides standard court forms. That said, the stakes — for both petitioners and respondents — are high enough that legal guidance often helps, particularly when there is a contested hearing or related custody, divorce, or criminal matter. Protective orders frequently arise alongside custody and divorce proceedings where domestic violence is present.

Where to File

A petition can generally be filed in the county where the petitioner lives (including temporarily), where the respondent lives, or where the alleged violence or harassment occurred. Indiana also allows a petitioner who has relocated for safety to keep a new address confidential in the process.

The Two-Step Process: Ex Parte Order, Then Hearing

Indiana protective orders typically move in two stages.

The ex parte order. When a petition alleges domestic or family violence, a court can issue an ex parte order — meaning without advance notice to the respondent and without a hearing — often the same day, based on the petition itself. This provides immediate protection. One important limit: a court generally cannot issue an ex parte order based on harassment alone — harassment-based requests proceed to a hearing.

The hearing. Either party can request a hearing on the order. When a hearing is requested or required, the court must hold it within 30 days of the filing or request. At the hearing, the petitioner carries the burden of proving, by a preponderance of the evidence, that domestic or family violence, stalking, a sex offense, or harassment occurred — and a qualifying finding means the court has determined the respondent represents a credible threat to the safety of the petitioner or a household member. The respondent has the right to appear, present evidence, and be heard. An order can be issued after the hearing whether or not the respondent shows up.

What a Protective Order Can Require

The relief is tailored to stopping the violence or threat. Among other things, a court may:

  • Prohibit the respondent from committing or threatening acts of violence against the petitioner and protected household members;
  • Prohibit the respondent from harassing, contacting, or communicating with the petitioner, directly or indirectly;
  • Prohibit the use of a tracking device to locate the petitioner;
  • Order the respondent to stay away from the petitioner's home, workplace, or school;
  • Address temporary possession of a shared residence and, where relevant, care and temporary custody issues;
  • Order the respondent to surrender firearms to law enforcement.

On firearms: Indiana law allows a court to order a respondent to surrender firearms as part of protective-order relief. Separately, federal law independently prohibits firearm possession by certain people subject to qualifying domestic-violence protective orders (where the respondent had notice and an opportunity to be heard). The interaction of state and federal firearm rules is one reason these orders are taken seriously by courts and respondents alike.

How Long a Protective Order Lasts

A protective order issued after a hearing in Indiana generally lasts two years, unless the court sets a different duration. There are exceptions for the most serious cases — for example, when the respondent is a lifetime sex or violent offender and the petitioner was the victim of the qualifying crime, an order can be effective indefinitely. An order can also be modified or extended on petition, and renewed before it expires where ongoing protection is warranted.

Violating a Protective Order Is a Crime

This is the point that makes a protective order more than a piece of paper. Violating a protective order is a criminal offense in Indiana — invasion of privacy under Ind. Code § 35-46-1-15.1 — and it is a crime even if the protected person invited or initiated the contact. A respondent cannot rely on the petitioner's "permission" as a defense; only the court can change the terms of the order. For petitioners, this means a violation can be reported to law enforcement. For respondents, it means strict compliance matters, and any change to the order must come from the court, not an informal arrangement.

Protective Order vs. No-Contact Order — Not the Same Thing

People often use these terms interchangeably, but they come from different places:

  • A protective order is civil. The person seeking protection files the petition under Ind. Code § 34-26-5, and the case is theirs to pursue. It can exist with no criminal charges at all.
  • A no-contact order is criminal. A criminal court imposes it — typically as a condition of bail or pretrial release, or as part of a sentence — in a pending criminal case. The State drives that case, not the protected person.

The two can overlap (a single situation can involve both), but they are issued by different courts, in different kinds of cases, and controlled by different parties. There is also a separate workplace violence restraining order (Ind. Code § 34-26-6) that an employer can seek to protect employees. Knowing which order you have — or are subject to — determines who can change it and how.

If You Are Responding to a Protective Order

A protective order can have significant consequences for a respondent: it may affect firearm rights, housing, employment, professional licensing, and — if there is a related family case — custody and parenting time. A respondent has the right to a hearing, to present evidence, and to be heard. Because an order entered after a hearing carries lasting effects and a violation is a separate crime, responding carefully and on time matters. Ignoring a petition does not make it go away; an order can be entered even if the respondent never appears.

Protective Orders in Central Indiana

Hammond Legal is based in Anderson and assists clients with protective-order matters across Central Indiana, including Madison County (Anderson), Hamilton County (Noblesville), Hancock County (Greenfield), Marion County (Indianapolis), Shelby County (Shelbyville), Delaware County (Muncie), and Henry County (New Castle). The Civil Protection Order Act applies statewide, but local courts differ in their scheduling and hearing procedures.

Whether you are seeking protection or responding to a petition, the timing and the evidence matter, and these cases can move quickly. Speaking with an attorney early gives you the clearest picture of your options. Contact Hammond Legal at 317-284-9944 or info@hammond.legal. If you are in immediate danger, call 911. For confidential 24/7 support, the National Domestic Violence Hotline is 1-800-799-7233.

Common Questions

Who can get a protective order in Indiana?
A person who is or has been a victim of domestic or family violence (against a family or household member), stalking, a sex offense, or repeated harassment may petition under Ind. Code § 34-26-5. A parent or guardian can also file on a child's behalf. Indiana does not issue mutual orders against both parties.
Does it cost anything to file for a protective order?
No. There is no filing fee to petition for a protective order in Indiana, and you are not required to have a lawyer to file. Standard court forms are available, though legal guidance can help, especially if there is a contested hearing or a related case.
How fast can a protective order be issued?
When domestic or family violence is alleged, a court can issue an ex parte order — without advance notice to the respondent — often the same day the petition is filed. A harassment-only request generally cannot be granted ex parte and proceeds to a hearing. When a hearing is requested or required, it must be held within 30 days.
How long does an Indiana protective order last?
An order issued after a hearing generally lasts two years unless the court orders a different period. In certain serious cases — such as where the respondent is a lifetime sex or violent offender and the petitioner was the victim — an order can be effective indefinitely. Orders can also be modified, extended, or renewed.
What happens if someone violates a protective order?
Violating a protective order is a crime in Indiana (invasion of privacy under Ind. Code § 35-46-1-15.1) — and it remains a crime even if the protected person invited the contact. Only the court can change an order's terms, so a respondent cannot rely on the petitioner's "permission." A violation can be reported to law enforcement.
What is the difference between a protective order and a no-contact order?
A protective order is civil and is filed by the person seeking protection under Ind. Code § 34-26-5. A no-contact order is criminal and is imposed by a criminal court, usually as a condition of bail, pretrial release, or sentencing in a criminal case. They can overlap but come from different courts and are controlled by different parties.
Can a protective order affect custody or firearm rights?
Yes. A protective order can address temporary custody and parenting issues, and a court may order a respondent to surrender firearms; federal law separately bars firearm possession for certain qualifying domestic-violence orders. A protective order can also affect a related custody or divorce case, which is why these matters are often connected.
I'm the respondent — what should I do?
Take it seriously and respond on time. You have the right to a hearing, to present evidence, and to be heard, but an order can be entered even if you don't appear. Because an order carries lasting consequences and a violation is a separate crime, careful and timely response matters, and any change must come from the court.

Questions About a Protective Order?

Attorney Emilee Hammond assists petitioners and respondents with protective-order matters across Central Indiana.

If you are in immediate danger, call 911. National Domestic Violence Hotline: 1-800-799-7233 (24/7, confidential).