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Facing an Ex Parte Protection Order in Indiana? Tread Carefully Until You Hire a Lawyer

When in doubt, Indiana courts typically err on protecting those at risk of potential physical harm, as they should. However, those subjected to a protection order—an order that facts may prove unjustifiable without their say in court—face severe consequences for violating it.

Ex parte is a Latin term meaning “from one party.” In legal parlance, an ex parte protection order allows the court to issue a protection order without notifying the Respondent, who may be you. 

The Rules Surrounding Ex Parte Protection Orders in Indiana

Ind. Code § 34-26-5-9 notes that the court may issue an ex parte order of protection only “if domestic or family violence has occurred.” An ex parte order is an emergency form of protection for those who believe their life is in imminent danger. Therefore, the court may not need clear, convincing evidence that you have committed domestic or family evidence before filing an ex parte order of protection.

That’s right. You may be presumed guilty until proven innocent when it comes to an ex parte order, which may require you to:

  • Refrain from contacting your children
  • Refrain from contacting the Petitioner, who requested the ex parte order of protection
  • Leave your home 
  • Avoid locations you commonly visit in the name of avoiding the Petitioner
  • Relinquish firearms and other means of self-protection
  • Uproot your life in various other ways

You surely want to lift these serious impositions as soon as possible. Hiring a competent attorney may be the surest way to tell your story and petition the court to free you of an ex parte protection order.

You Can Request a Hearing in Response to an Ex Parte Order of Protection—and Should

Indiana statutes state that “A court must hold a hearing under this subsection not later than thirty (30) days after the petition for an order for protection…” with the “petition for protection” referring to an ex parte order of protection.

You must typically request a hearing to contest an ex-parte order of protection. This hearing will be your opportunity to prove you are not a threat to the Petitioner and that the sanctions imposed upon you are unjustified. 

Hire an Attorney to Help You Navigate an Ex Parte Order and Prepare for Legal Proceedings Ahead

There is no time for delay once you receive notice of an ex parte order of protection in Indiana. Should you fail to request a hearing and effectively contest the order, you may face the consequences of a protection order for two years or more. 

Let our dedicated legal team fight for you. Call Razumich & Associates today for a consultation at 317-449-8661 or contact us online.

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