Some personal relations in Indiana may become hostile and violent. The relationship could be between spouses, parents and children, and others. Regardless of the people involved, a threat may exist that leads someone to worry about his/her safety. In such situations, seeking a restraining order may become necessary.
Attaining a Protective Order
A restraining order’s purpose seems straight-forward. A protection order provides assistance to preserve the safety of victims without delay. The order also intend to prevent future instances of violence.
The party seeking a restraining order does need to prove his/her concerns. The other party does have rights. Sadly, some may make false claims against others for personal reasons. Regardless, the court may issue an “ex parte” order, one that establishes a protective order without a hearing or testimony from the other party. The official hearing for the protective order may occur within 30 days of the ex parte’s issuance.
To receive a protective order, the victim must establish the perpetrator committed at least one statutorily defined domestic or family violence incidents. The “violence” may be sexual or physical assaults, threats of harm, putting someone in fear of harm, animal abuse to harass a family member, stalking, and more.
Sadly, there may be instances where one parent might present false evidence or commit perjury to keep the other parent from seeing the children. With an ex parte order, a parent may not see his/her children for months.
The hearing may involve the victim presenting evidence revealing the seriousness of the situation. Voicemails of threats, police reports, and witness testimony reflect possible examples of evidence. A skilled attorney may examine the testimony and evidence and bring forth possible credibility questions.
Domestic or family violence excludes self-defense, though. If one party struck another party when the latter attacked him/her with a weapon, the court could deem the incident self-defense. Therefore, a protective order would not likely apply. Again, an attorney could provide evidence that the violence in question involved self-defense.
Family law attorneys handle many cases and might sometimes see instances of improper petitions for restraining orders. Clients who feel they are victims of perjury and false accusations could discuss such matters with their attorney.