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Order of Protection PDF Print
ORDERS OF PROTECTION

As of July 1, 2002, the legislature passed House Enrolled Act 1232 pertaining to Protection Orders. This new Act contains five significant concepts that have fundamentally changed Indiana Laws concerning domestic violence and protective orders.

These concepts are:

  • Limiting protection from abuse orders to cases involving domestic or family violence, sexual assault and stalking.

  • Consolidating all protection from abuse orders into one location in the Indiana Code (I.C. 34-26-5).

  • Adopting most of the applicable provisions of the Model Code on Family Violence.

  • Changing terminology throughout the Indiana Code concerning protection from abuse orders, no contact orders, etc. so that the laws are consistent and less confusing to law enforcement officers and others. Such orders will be classified as one of three possible types of orders:

      1. Protective Orders; which will be limited to domestic violence cases, sexual assault and stalking;
    2. No Contact Orders; which will involve juvenile and criminal cases, and
    3. Workplace Violence Restraining Orders; and
  • Creating the remedy of Workplace Violence Restraining Orders using California Statute as a model.


    • This Bill will not lessen law enforcement immunity, and it will not change the fee waiver mandated by Federal Law.


    What is the definition of Domestic or Family Violence?

    Domestic or Family Violence means except for the act of self defense, the occurrence of at least one of the following acts committed by a family member or household member:

    1. Attempting to cause, threaten to cause, or causing physical harm to another family or household member.

    2. Placing a family or household member in fear of physical harm.

    3. Causing a family or household member to involuntary engage in sexual activity by force, threat of force or duress.

    Who can file?

    Under the new Act, the definition of Family or Household member is added. This change in law is necessary because now limitations to availability of Protection Orders have been set to cases involving family or household members, which means:

    1. A person who is a current or former spouse

    2. A person who is dating or has dated

    3. A person who is engaged or was engaged in a sexual relationship

    4. A person who is related by blood or adoption

    5. A person who is related by marriage

    6. A person who has established legal relationship or previously established a legal relationship:

      a. as a guardian
    b. as a ward
    c. as a custodian
    d. as a foster parent; or
    e. in a capacity similar to those listed in clauses A-D

    7. A person who has a child in common and

    8. A minor child of a person in a relationship described above.

    If you fit any of the descriptions described in the Family and Household Violence definitions, you may qualify for a Protection Order.

    As stated previously, Federal Law mandates that no Protection Order for abuse shall require a filing fee.

    How do I File?

    If you have found yourself in the need of a Civil Protection Order and you are a resident of Newton County, you will need to go to the Newton County Circuit Court Clerks Office and fill out the paperwork necessary. You must have the persons, who you are filing against, physical address. The Sheriff cannot serve the Protection Order without a good address. In most cases you and the person you have filed against will have to be heard before the judge in a Court Hearing. YOU MUST ATTEND THIS HEARING or the Protection Order can be dismissed.

    Q & A

    How long will the order remain in effect?

    The new act has made Protective Orders effective for two (2) years from the date of the order unless specified differently by the judge presiding the case.

    Can I file because I am having problems with my unrelated neighbor?

    No. All community problems should be addressed to the Prosecuting Attorneys Office as they will make the determination of whether the act is criminal or whether a civil claim action should be taken.


    If you have more questions or concerns please contact The Newton County Clerks Office at

    1-888-663-9866

    Janice M Wilson, Clerk

    Newton Circuit & Superior Courts
    201 N Third Street
    PO Box 49
    Kentland, Indiana 47951


    Office Hours: 8:00 a.m. . 4:00 p.m
    Monday thru Friday

     
     


    Newton County Sheriff's Department - 2010