A restraining court order is a legal order put in place that dictates a minimum distance between one person and another under Indiana law. When used by scared victims, they are intended to protect alleged victims fearing retribution, physical harm, intimidation, or physical acts of violence.
However, restraining orders can also be used to manipulate in cases of child custody or divorce, which are often intertwined with civil matters. Such tactics are deployed because a restraining order violation can harm a party’s position in an ongoing legal case and lead to serious consequences. So, what this means is that in attempting to see their child, a parent whose custody is in dispute can accelerate their loss of custody or limit their access to that child.
That makes restraining orders difficult to uphold, especially for domestic disputes involving a family or household member, or current or former spouse. Shared living spaces, a family home, or common workplaces where an alleged victim works can cause confusion and misunderstandings, particularly when both parties are in the same place.
Why Choose Wruble Law LLC For Your Case?
At Wruble Law LLC, our Indianapolis restraining order violation attorney believes that everyone has a right to a competent defense, especially those facing restraining order violations that may result in criminal charges or a criminal offense under criminal law. With over 25 years of experience defending individuals accused of restraining order violations as an experienced attorney, Stan Wruble brings deep legal knowledge and a strong defense background to criminal cases, honed through his adjunct professorship at Notre Dame and Northwestern.
If you’re facing legal turmoil due to violating such an order in Indiana, contact our Indianapolis law office at Wruble Law for a free case review and to speak with an Indiana protective order attorney. We will review the facts of your case and offer legal advice on how you should proceed. Book your case review by requesting it online or by calling (317)-308-8584.
What Is Considered A Restraining Order Violation In Indiana?
Adherent to Title 34-26-5-2 of the Indiana Code, part of the Civil Protection Order Act and Indiana civil protection order framework, “a person who is or has been a victim of domestic or family violence may file a petition for an order for protection against:
- A family member or household member who commits an act of domestic or family violence
- A person who has committed stalking or a sex offense, including sexual relations offenses, against the petitioner.”
Additionally, a “person who has been subjected to harassment may file a petition for an order for protection against a person who has committed conduct involving repeated acts of harassment, including invasion of privacy.” A petitioner files most orders of protection, including temporary protective orders or a temporary ex parte order, but a court may also issue a parte order immediately but they can also decree them amid other civil or criminal proceedings involving civil protective order requests.
Staying Safe By Restricted Access
The effectiveness of restraining orders is difficult to determine under federal law, but the goal is to protect victims of physical and/or emotional abuse, to prevent further escalation, and to prevent future violence and continuing harassment by addressing situations where a reasonable person would feel threatened.
A variety of restrictions can bring about this safety. A restraining order can place parameters around
- The minimum required distance the accused must maintain between them and the petitioner
- Whether any communication is permitted between the accused and the petitioner to stop credible threat scenarios
- Those with a domestic violence restraining order filed against them are not permitted to possess firearms, impacting firearm rights
That means even by entering a coffee shop, returning to the same place, or dialing a phone number, you could potentially violate an order of protection, including a civil protective order, if you are not following the parameters set in place by the restraining order, regardless of the different duration terms.
An Indianapolis Restraining Order Violation Attorney Can Help. Contact Us Today
Accidentally violating a restraining order should not automatically be used against you as evidence of intentional wrongdoing or to justify up to one year of incarceration. That’s why working with a knowledgeable protective order lawyer who can effectively argue that the violation was unintentional is important, especially when allegations involve child victims, workplace violence, or claims that a law enforcement officer or Indiana State Police may have misunderstood the situation.
The Indianapolis restraining order violation defense attorney at Wruble Law is dedicated to lending their legal proficiency to those accused of violating a restraining order, which may carry long-term consequences, including fines, attorney fees, or restrictions imposed by a court order. With a free case review with Wruble Law LLC, you can ask us any questions regarding your restraining order violation case, and our Indianapolis criminal defense lawyers will give you our best legal advice.
While your future may seem uncertain after being accused of violating a restraining order or civil protection order act provisions, Wruble Law will fight to get you the justice you deserve and protect individuals from unjust outcomes. Reach out to receive your free case review now or call us at (317)-308-8584.