Understanding the Criminal Justice System
Both state and federal law dictate that Indiana courts enforce protective orders from another state. I.C. 34-26-5-17 refers to these out-of-state protective orders as “foreign protection orders” and enforces them “as if they were issued by our own courts.”
In legal terms, foreign protective orders carry “full faith and credit” in Indiana. This means that if you are the subject of a protective order issued in another state, you can face legal consequences for violating that order in Indiana.
Federal Statutes Also Mandate the Enforcement of Foreign Protective Orders
There is no ambiguity about the full faith and credit of foreign protective orders in Indiana, as federal statutes bolster Indiana law.
18 U.S. Code § 2265 states, “Any protection order issued…by the court of one State…shall be accorded full faith and credit by the court of another State.”
Unfortunately, those subject to a protective order in another state do not always know that that protective order is valid and enforceable in Indiana.
Those Who Are Unaware of Indiana’s Enforcement Rules May Be Vulnerable to Violation
Though it behooves someone subject to a protective order to know state and federal laws, this is not always the case. Depending on your unique circumstances, an alleged violation of a foreign protective order could prompt:
Additionally, you could lose your job, face hefty financial consequences, and suffer psychologically due to the burden of criminal prosecution. Worse yet, you may face these consequences merely because you did not know out-of-state protective orders are enforceable in Indiana.
Potential Defenses for Those Accused of Violating a Foreign Protective Order in Indiana
Our legal team will work hard to resolve any criminal proceedings you face because of a protective order. Potential defenses include:
Our team will evaluate your circumstances and provide the evidence-based defense you deserve. Call Razumich & Associates today at 317-449-8661 or contact us online to discuss how our Indiana-based legal professionals will serve you.