Served With a Protective Order? Your Side Deserves to Be Heard.
By Myekeal Wynn, Attorney at Law
Getting served is a shock
Your side deserves to be heard. Call Wynn. (317) 832-1182
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One day you're living your life. The next, someone hands you papers saying you can't go home, can't contact your kids, or can't be near someone you've known for years. Maybe the claims are exaggerated. Maybe they're flat-out false. Either way, the court has only heard one side.
Take a breath. Then let's build yours.
What's at stake
A protective order is a civil case, but it can hit harder than many criminal charges:
Your home. You may be ordered out of your own house.
Your kids. It can affect custody and parenting time.
Your gun rights. A protective order can restrict your right to have firearms.
Your job. It can show up on background checks and affect professional licenses.
Your record. Violating it, even by accident, can lead to criminal charges.
How I help
I act fast. You only get one hearing. I make sure it is requested and ready.
I gather your evidence. Texts, call logs, photos, witnesses, and anything that shows what really happened.
I prepare you and your witnesses. You'll know what to expect before you walk into court.
I challenge the claims. I cross-examine, point out inconsistencies, and make sure the judge hears the whole story.
I protect you from the traps. Contacting the other person, even to "work it out," can create a new criminal case. I'll tell you exactly what not to do.
What I bring to the hearing
A protective order hearing is decided on evidence, and I build the record before we walk in:
Police body camera footage
Security camera and doorbell video
Phone logs
Text messages and other written communications
Photos and witnesses who saw what really happened
Why the judge ruled before hearing from you
In a domestic or family violence case, a judge can issue a protective order the same day, without notice to you and without a hearing. Harassment cases are different. The judge cannot issue an order until there has been notice and a hearing, and that hearing must be held within 30 days after the petition is filed.
Sources: Ind. Code § 34-26-5-9(a)(1), (b).
Your right to a hearing
Once you are served, you can ask for a hearing. The court must hold it within 30 days of your request unless it is continued for good cause. You get one hearing on the petition, so preparation matters. If the order put you out of your home, or the petitioner asked for limits on parenting time, payments, or your firearms, the court must set a hearing within 30 days after the petition was filed.
Sources: Ind. Code § 34-26-5-10(a), (c).
What the other side has to prove
The petitioner must prove domestic or family violence or harassment by a preponderance of the evidence. The Indiana Supreme Court has held that the petitioner must prove the respondent is a “present, credible threat.”
Sources: Ind. Code § 34-26-5-9(h); S.H. v. D.W., 139 N.E.3d 214, 216 (Ind. 2020).
What an order can take from you
Your home, regardless of who owns it.
Contact with the petitioner, directly or through other people.
Your vehicle and personal belongings.
Parenting time, which can be supervised or denied.
Money: attorney fees, rent or mortgage payments, and support.
Your firearms, for the life of the order.
Sources: Ind. Code § 34-26-5-9(c), (d).
How long it lasts
Two years from the date it is issued, unless the judge sets a different date.
Sources: Ind. Code § 34-26-5-9(f).
If they contact you first
An invitation from the petitioner does not cancel the order. Violating an order is invasion of privacy, a Class A misdemeanor. It is a Level 6 felony if you have a prior unrelated conviction for invasion of privacy or stalking.
Sources: Ind. Code §§ 34-26-5-11, 35-46-1-15.1(a).
If you need protection too
A court cannot issue one mutual order. You have to file your own petition, and the judge decides each petition on its own merits.
Sources: Ind. Code § 34-26-5-14.
How this affects your other cases
A protective order does not create an inference or presumption in a later case between you and the petitioner. Custody, parenting time, and property orders from a divorce or paternity court override the protective order on those issues.
Sources: Ind. Code § 34-26-5-9(i), (j).
Changing or ending an order
I also handle requests to modify, extend, and terminate existing orders. When a petitioner asks for another order after the first one runs out, the same proof is required. In S.H. v. D.W., the Indiana Supreme Court reversed a second two-year order because a single past incident, with nothing since, did not show a present threat.
Sources: S.H. v. D.W., 139 N.E.3d 214, 216 (Ind. 2020).
What happens next
Free consultation. Call or book online. If you book online, we'll call you within 24 hours to set up a phone or Zoom consultation. Bring the papers you were served and we'll go through them line by line.
Hearing request and strategy. We lock in your hearing and plan your defense.
Evidence and preparation. We gather your side and prepare you to testify.
Hearing. I present your defense and challenge the other side's case.
Related: domestic battery defense, protective orders, divorce, family law.
Common questions
Can a judge issue a protective order without hearing my side?
Yes, in a domestic or family violence case. The judge can issue the order the same day it is requested. You then have the right to ask for a hearing. In a harassment case, the judge must hold a hearing first.
How do I get a hearing?
You or your lawyer file a request after you are served. The court must hold the hearing within 30 days of the request unless it is continued for good cause. You only get one, so I prepare the evidence before we ask.
The petitioner texted me. Can I answer?
No. An invitation from the petitioner does not cancel the order, and answering can lead to a criminal charge for invasion of privacy. Save the message and call me.
How long does a protective order last in Indiana?
Two years from the date it is issued, unless the judge sets a different date.
Will a protective order affect my gun rights?
It can. After a hearing, the judge can prohibit you from using or possessing firearms and order you to surrender them for the life of the order. The order will also state whether it meets the federal firearm criteria.
Can the petitioner drop the case?
Yes. If the petitioner files a written request or asks on the record in open court, the court must dismiss the case without delay.
Sources: Ind. Code §§ 34-26-5-9(a), (b), (d)(4), (e)(5), (f), 34-26-5-10(a), 34-26-5-11, 34-26-5-12, 35-46-1-15.1(a).
Don't face the hearing alone
The sooner you call, the more time we have to build your side. Free consultation. Payment plans and financing through Affirm. Calls answered 24/7.
Call Wynn. (317) 832-1182
Past results do not guarantee a similar outcome. Contacting Wynn Law does not create an attorney-client relationship.