Protective Order Defense Attorney Stan Wruble Represents Clients Accused of Domestic Violence and Other Offenses in Indiana
Protective orders are designed to protect individuals who are victims of domestic violence and certain other crimes. However, they also protect alleged victims; and, even if a protective order is based on false or exaggerated claims, violating the order can have serious consequences. If you are facing a protective order in Indiana—or if you have been accused of violating a protective order in Indiana—you need an experienced attorney on your side.
Stanly Wruble is an Indianapolis protective order defense lawyer who has extensive experience representing clients accused of domestic violence, protective order violations, and other crimes. He handles cases involving emergency protective orders, temporary protective orders, final protective orders, no contact orders, and other types of protection orders issued under Indiana law. Regardless of the circumstances of your case, defense lawyer Stan Wruble can protect you—and, if you need legal representation, we encourage you to contact us for a free consultation today.
Understanding Indiana’s Protective Order Laws
In Indiana, civil protection orders can be issued in connection with parallel criminal proceedings involving allegations of various types of crimes involving physical harm and/or other forms of victimization. These crimes include domestic violence, stalking, harassment, and sex offenses, among others. Following a protective order petition and court hearing (which may take place without the alleged offender having the opportunity to be present), a judge can issue an order that contains protections including, but not limited to:
- Prohibitions against direct or indirect communication with the protected person (including contact with the business where the alleged victim works)
- Prohibitions against causing physical harm or other future violence
- An obligation to timely pay child support, utility bills, or other expenses
- An obligation to vacate a shared residence
- Firearm restrictions (i.e., a prohibition on possessing firearms)
Once a protective order (or “restraining order”) has been issued in compliance with the Indiana Code, any violations of the order can lead to criminal charges. This includes violations ranging from attempting to contact the protected person and other affirmative acts to failing to move out of a shared residence when a protective order involves eviction. For individuals accused of protective order violations, engaging experienced legal counsel is essential for building and executing an effective defense focused on the specific circumstances at hand.
Some of the most common grounds for the issuance of a protective order (and some of the most common protective order violations) include:
Domestic or Family Violence
Many protective orders are issued to protect victims (or alleged victims) of domestic or family violence. Under Indiana law, any family or household member (including a current or former spouse) can seek a protective order based on allegations of domestic battery, sexual assault, or concerns about immediate danger or an ongoing risk of harm.
Harassment
Along with domestic violence protective orders, harassment protective orders are common as well. If an alleged victim initiates the protective order process and presents evidence sufficient to demonstrate that emergency or temporary protection is warranted, the court will issue an order that provides immediate protection—and that presents immediate risks for the person to whom the protective order applies.
Sex Offenses
The Indiana courts will issue protective orders in cases involving alleged sex offenses as well. This includes cases involving adult and child victims, and it includes cases involving all forms of alleged contact and penetration. While alleged abusers and assailants will eventually have the right to protect themselves through the legal process, judges can (and do) issue protective orders based on alleged victims’ evidence alone.
Stalking
Stalking is defined as, “knowing or intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened,” under Section 35-45-10-1 of the Indiana Code. Stalking allegations can also serve as the basis for a protective order filed in Indiana state court as well.
Workplace Violence
The Indiana courts can also issue workplace violence restraining orders in response to allegations of sexual harassment, bullying, and other criminal conduct in workplaces statewide. If you are facing a workplace violence restraining order, you could be facing a variety of serious criminal allegations, and you should discuss your situation with an experienced protective order lawyer right away.
Defending Against an Indiana Protective Order
If you are facing a request for a protective order in Indiana, defense attorney Stan Wruble can help you fight to avoid unwarranted requirements and restrictions. He has extensive experience representing clients in cases involving requests for protective orders to prevent domestic violence and other forms of wrongdoing.
Defending against an Indiana protective order requires intimate familiarity with the Indiana legal system. While protection orders are typically issued in response to allegations of criminal conduct, they are issued in civil court. As a result, if you are facing a protective order, you need a defense attorney who can do everything it takes to protect you under the circumstances at hand.
Challenging a Temporary or Final Protective Order
If you have already had a temporary or final protective order issued against you, you may be able to challenge the protective order on various grounds. Some examples of potential grounds to challenge a protective order in Indiana include:
- The order was obtained through false accusations
- The order was obtained through misrepresentations or exaggerations
- The order was otherwise issued without proper legal grounds
- The order was not issued in compliance with all applicable procedural requirements
- You do not pose a credible threat
These truly are just examples. When you schedule a free and confidential consultation with Indianapolis protective order defense attorney Stan Wruble, he will thoroughly examine the facts of your case to determine what defenses you have available.
Why You Need an Experienced Defense Lawyer on Your Side
Regardless of the specific facts of your case, if you are facing the consequences of a protective order issued against you, you need an experienced defense lawyer on your side. Here are just some of the ways Indianapolis proactive order defense lawyer Stan Wruble can help:
- Understanding the current status of the protective order and determining what options you have available;
- Determining what criminal charges you are (or could be) facing based on the allegations against you;
- Determining what defenses you can assert based on the allegations against you and the true facts at hand;
- Representing you in both civil and criminal court as necessary to protect your legal rights and your freedom; and,
- Helping you make informed decisions and providing the legal services you need to avoid unnecessary consequences, both now and in the future.
Defending Against Charges of Violating a Protective Order in Indiana
If you are being accused of violating a protective order in Indiana, you are facing fines, jail (or prison) time, and other serious consequences. While you may have various defenses available, you will need to assert these defenses effectively in order to avoid a life-altering conviction.
In most cases, violating a protective order is prosecuted as a violation of Indiana’s invasion of privacy statute, Section 35.46-1-15.1 of the Indiana Code. A first offense is a Class A misdemeanor which carries up to one year in prison and a $5,000 fine. However, individuals who have a prior conviction can face felony charges in some cases.
FAQs: Civil Protective Order Defense in Indiana Domestic Violence Cases
What is an ex parte order in an Indiana domestic violence case?
In an Indiana domestic violence case, an ex parte order is a protective order issued without the alleged perpetrator having the opportunity to be present in court. The Indiana courts can issue emergency domestic violence protective orders ex parte, and violating an emergency order issued ex parte can lead to additional criminal allegations.
How can I fight a domestic violence protective order if the alleged victim’s accusations are false?
False accusations of domestic violence are not uncommon. If you are facing a domestic violence protective order based on false accusations, you should discuss your case with an experienced defense attorney right away. You could be facing serious criminal allegations as well, and violating a protective order—even one based on false accusations—could lead to additional criminal exposure. In this scenario, you need to ensure that you are making informed decisions based on the advice of experienced legal counsel.
What is the Indiana Protection Order Registry?
The Indiana Protection Order Registry (or Indiana Protective Order Registry) is a database maintained by the Indiana State Police that contains information about all active proactive orders in the state. Having your name listed in the Indiana Protection Order Registry can significantly affect may aspects of your personal and professional life. This is one of many reasons why it is important to promptly hire an experienced defense attorney if you are facing a protective order petition or you have recently had a protective order entered against you.
When should I hire an Indiana protective order attorney?
You should hire an Indiana protective order attorney as soon as you learn that you are facing a protective order or that you are being charged with a protective order violation. Both of these are serious situations that require informed decision-making and experienced legal representation. Attorney Stan Wruble has significant experience representing clients in these situations, and he can use his experience to help protect you by all means available.
Is it worth hiring an Indiana protective order attorney?
If you are facing a protective order or invasion of privacy charges related to an alleged protective order violation in Indiana, there are several important reasons to put an experienced attorney on your side. Although you will incur attorney fees for your legal representation, these fees can be a small price to pay for protecting your freedom and your future. While there are no guarantees, there are several ways an experienced attorney can help you, and hiring an experienced attorney right away is one of the most important steps you can take to protect yourself against facing unnecessary consequences.
Schedule a Free Consultation with Indianapolis Protective Order Defense Lawyer Stan Wruble
If you need to speak with an Indianapolis protective order defense lawyer, we strongly encourage you to contact us right away. To schedule a free consultation with experienced defense lawyer Stan Wruble as soon as possible, call 317-308-8584 or tell us how we can contact you online today.