Restraining orders are legal orders put in place that dictate a minimum distance from one person to another. When used by scared victims, they are intended to protect those fearing retribution, intimidation, or physical acts of violence.
However, restraining orders can also be used to manipulate in cases of child custody or divorce. Such tactics are deployed because a restraining order violation can harm a party’s position in an ongoing legal case. 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. Shared living spaces or common workplaces can cause confusion and misunderstandings.
Why Choose Wruble Law LLC For Your Case?
At Wruble Law LLC, our Indianapolis restraining order violation defense attorney believes that everyone has a right to a competent defense, especially those facing restraining order violations. With over 25 years of experience defending individuals accused of restraining order violations, 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 a restraining order in Indiana, contact our Indianapolis restraining order violation defense lawyer from Wruble Law for a free case review. 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, “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 who commits an act of domestic or family violence
- A person who has committed stalking or a sex offense 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 repeated acts of harassment.” A petitioner files most orders of protection but can also decree them amid other civil or criminal proceedings.
Staying Safe By Restricted Access
The the effectiveness of restraining orders is difficult to determine, but the goal is to “protect survivors of physical and/or emotional abuse to prevent further escalation.”
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
- Those with a domestic violence restraining order filed against them are not permitted to possess firearms
That means even by entering a coffee shop or dialing a phone number, you could potentially violate an order of protection if you are not following the parameters set in place by the restraining order.
An Indianapolis Restraining Order Violation Defense Lawyer Can Help. Contact Us Today
Accidentally violating a restraining order should not automatically be used against you as evidence of intentional wrongdoing. That’s why working with a knowledgeable defense attorney who can effectively argue that the violation was unintentional is important.
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. With a free case review with Wruble Law LLC, you can ask us any questions regarding your restraining order violation case, and we will give you our best legal advice.
While your future may seem uncertain after being accused of violating a restraining order, Wruble Law will fight to get you the justice you deserve. Reach out to receive your free case review now or call us at (317)-308-8584.