Understanding the Criminal Justice System
A protective order is a civil court order that prevents a person from contacting, threatening, or harming the person who has filed for the protective order. If a protective order has been filed against you, you can and should take immediate action to challenge it.
Types of Protective Orders
In Indiana, there are two types of protective orders. The first type is a temporary protective order, called an ex parte order. These orders are issued without a hearing, without prior notification to the accused, and take effect immediately.
The other type of protective order is a final protection order. This can only be issued after a hearing; if you don’t attend the hearing, you can be waiving your right to defend yourself. Ignoring your hearing will only make matters worse.
Why You Need to Fight a Protective Order
If an Indiana court issues a protective order against you, you can’t afford to wait to fight the order. The consequences of a protective order, regardless of whether it is associated with criminal charges, can be severe.
Indiana Protective Orders are Public Record
The protective order against you won’t remain a private matter between you and the filer; it is shared with others. Protective orders in Indiana are public records, meaning anyone can see that a court has issued a protective order against you.
Protective Orders are Included in Various Law Enforcement Databases
Protective orders can be entered into the Indiana Data and Communications System (IDACS), a database used by Indiana law enforcement that also connects to national criminal databases like the National Law Enforcement Telecommunications System (NLETS) and the National Crime Information Center (NCIC).
Protective Order Can Come with Firearms Restrictions
Protective orders can also limit an individual’s ability to possess firearms. Indiana has one of the highest rates of concealed carry permits in the country. If a protective order is issued against you as an Indiana gun owner, this could be a problem for you.
Violations Can Lead to Criminal Prosecution
Protective orders are civil court matters, but violating an Indiana protective order can result in criminal charges.
How to Challenge Your Protective Order
If an ex parte protective order has been issued against you, you will challenge the order at a hearing. The hearing will occur within 30 days after the ex parte order was issued. Hearings are formal court proceedings, and it is advisable to have an attorney present to ensure your rights are protected and your strongest defense is presented.
In Indiana, you also have the right to challenge a final protective order. Your attorney can do this by filing a motion to dismiss the order or, in some cases, by filing an appeal with a higher court. There are strict deadlines for challenging your protective order; you can’t afford to miss these deadlines. Immediately retaining a qualified criminal law attorney is the best way to ensure that challenging the protective order is an option.
Contact Razumich & Associates to Challenge Your Protective Order
The attorneys at Razumich & Associates have successfully defended clients in protective order challenges throughout Indiana. Our attorneys are familiar with the strongest defenses and will tailor a strategy that best suits your case. Contact our team today to schedule a free consultation. Call us at 317-983-5333 or use our online form.
