Fort Wayne Protective Order Defense Attorney Determinedly Contests Serious Allegations

Fighting a restraining order in Indiana

Indiana law allows people who genuinely fear for their safety from their family members, romantic partners or others to ask a court for a protective order, and courts generally oblige. However, if you’re the person against whom the order is secured, it can upend your life. Fortunately, a Fort Wayne protective order defense attorney at The Law Offices of Ryan E. Lackey, is ready to fight the protective order and protect your rights.

Why protective orders are filed

Someone may file for a protective order against another who allegedly has stalked, harassed, threatened or engaged in battery against them or their family. The order is meant to prevent the other person from contacting, approaching or threatening them or entering their home, property or workplace. However, protective orders are sometimes filed for improper purposes or without adequate cause. If someone files a protective order against you for any reason, we will defend you.

Who can file a protective order in Indiana?

In Indiana, victims of domestic violence, stalking, harassment, or sexual battery may request a protective order. In addition, a child’s parent or guardian may seek a protective order to stop domestic violence, stalking, sexual battery or sexual grooming perpetrated against the child. We can identify if the person is truly entitled to seek protection and oppose the order if they are not.

What to expect if a protective order is filed against you

The court may initially enter an enforceable protective order against you without notice or an opportunity to be heard. But you have 30 days to request a hearing (if the court has not already scheduled one), at which you may cross-examine the requesting party and present evidence in your defense. In the meantime, the order remains in effect and you must obey it. If you and the protected person are living together, you may be evicted as soon as the order is issued. If you share caregiving duties for children, the court may exclude you from having custody of those children. If you are served with a protective order in the Fort Wayne area, you should contact us immediately to advise and represent you.

Penalties for violating protective orders in Indiana

If you violate a protective order, the judge that issued it may hold you in contempt of court and order you to spend time in jail, pay a fine and/or post a bond. You might also be charged with invasion of privacy, a crime punishable by up to one year in jail and a $5,000 fine. If you have a prior conviction for invasion of privacy or stalking of someone else, you might be guilty of felony punishable by six to 30 months in jail. We will fight to defend from any of these charges and seek to minimize the punishment should you be convicted.

Modifying and appealing a protective order in Indiana

You have the right to appeal if the court issues a final protective order against you after the hearing, but must do so within 30 days. Even if you don’t appeal, you may, at a later date, request a modification of the protective order if the circumstances giving rise to the order have changed. However, the protected party also has the right to appeal if the court rules against them or seek a modification of the order. In any of these cases, we can provide powerful advocacy on your behalf.

Contact a determined Indiana protective order defense attorney

If someone files a protective order against you, The Law Offices of Ryan E. Lackey in Fort Wayne is ready to help. For a free consultation, please contact the firm online or call us at 260-222-7364.