Protective Order Lawyer in Indianapolis

By Myekeal Wynn, Attorney at Law

You shouldn't have to live looking over your shoulder

You deserve to feel safe. Call Wynn. (317) 832-1182

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Maybe it's an ex who won't stop showing up. A family member who crossed a line. Someone who has threatened you, followed you, or hurt you. Feeling unsafe in your own home is exhausting, and it doesn't go away on its own.

A protective order is a court order that tells that person to stay away and stop contacting you. You can ask for one even if you don't want criminal charges filed.

How I help

• I listen first. You tell me what happened, in your own words, without judgment.

• I build your petition. The court needs specific facts: dates, messages, photos, witnesses. I help you gather them and put them in order.

• I stand next to you at the hearing. Telling your story in front of the person who scared you is hard. I prepare you, present your evidence, and handle the questions so you are not doing it alone.

• I help you enforce it. If the order is violated, I help you take the next step.

What I bring to the hearing

The judge decides on evidence, so 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 can ask for a protective order

You can file against a family or household member who committed domestic or family violence, against someone who stalked you or committed a sex offense against you, or against someone who has harassed you repeatedly. A parent or guardian can file on behalf of a child.

Sources: Ind. Code § 34-26-5-2(a)-(c).

What it costs to file

Nothing. Courts cannot charge fees for filing, service of process, witnesses, or subpoenas in a protective order case.

Sources: Ind. Code § 34-26-5-16.

What a judge can order right away

In a domestic or family violence case, a judge can issue an order the same day, without a hearing. That order can include:

• No contact, directly or through other people

• Staying away from your home, school, and work

• Removing the other person from your home, regardless of who owns it

• Possession of your car and essential belongings

• Protection for your pets

• A ban on using tracking devices to find you

In a harassment case, the judge must hold a hearing first, within 30 days after you file.

Sources: Ind. Code § 34-26-5-9(a)-(c).

What a judge can add after a hearing

• Supervised or denied parenting time

• Payment of rent or mortgage, support, and attorney fees

• Reimbursement for medical care, counseling, shelter, and damaged property

• Surrender of firearms for the life of the order

Sources: Ind. Code § 34-26-5-9(d).

What you have to prove

You must prove domestic or family violence or harassment by a preponderance of the evidence. The Indiana Supreme Court has held that a petitioner must prove the respondent is a “present, credible threat.” That is why specific, recent facts matter.

Sources: Ind. Code § 34-26-5-9(h); S.H. v. D.W., 139 N.E.3d 214, 216 (Ind. 2020).

How long it lasts, and extending it

An order lasts two years from the date it is issued, unless the judge sets a different date. I also handle requests to extend, modify, and terminate orders. To get another order after the first one runs out, you need evidence of a current threat, not only the original incident.

Sources: Ind. Code §§ 34-26-5-8, 34-26-5-9(f); S.H. v. D.W., 139 N.E.3d 214, 216 (Ind. 2020).

If the order is violated

Violating a protective order is a crime called invasion of privacy. After a violation, the court can also require GPS monitoring.

Sources: Ind. Code §§ 34-26-5-9(k), 35-46-1-15.1(a).

Things people do not expect

• Inviting the person over does not cancel the order. Only the court can change it.

• The court cannot send you to mediation over a domestic or family violence petition.

• You can dismiss your own case. If you ask in writing or on the record, the court must dismiss it without delay.

Sources: Ind. Code §§ 34-26-5-11, 34-26-5-12, 34-26-5-15.

What happens next

1. 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. We talk through what happened and whether a protective order fits.

2. Petition. We file with the court, and the judge may issue a temporary order right away.

3. Hearing. If the other side asks for a hearing, I represent you and present your case.

4. Protection. If granted, the order is in place, and I explain what to do if it is violated.

Common questions

How much does it cost to file for a protective order in Indiana?

There is no filing fee, and no fee for service, witnesses, or subpoenas.

How fast can I get one?

In a domestic or family violence case, a judge can issue an order the same day, before the other person is notified. In a harassment case, the judge holds a hearing first, within 30 days after you file.

Do I have to press criminal charges?

No. A protective order is a civil case. You can ask for one whether or not charges are filed.

How long does a protective order last?

Two years from the date it is issued, unless the judge sets a different date. I can help you ask for an extension if the threat continues.

What if I let the person come back?

Your invitation does not cancel the order. If you want the order changed or ended, that has to go through the court, and I can handle that request.

What happens if they violate it?

Call the police. A violation is a crime called invasion of privacy, and the court can also order GPS monitoring.

Sources: Ind. Code §§ 34-26-5-8, 34-26-5-9(a), (b), (f), (k), 34-26-5-11, 34-26-5-16, 35-46-1-15.1(a).

You don't have to go through this alone

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Call Wynn. (317) 832-1182

Past results do not guarantee a similar outcome. Contacting Wynn Law does not create an attorney-client relationship. If you are in immediate danger, call 911.