Merrillville Domestic Violence Attorneys

Getting a protective order in Indiana is a two-step process. You must first file a petition in court for a temporary or ex parte order. There is no filing fee, and you can do this yourself. When the temporary order is issued, the judge will also schedule a hearing for the final order. The subject of the temporary order is entitled to present their case at the hearing for the final order, so it is advisable to have legal representation.

Lake County family violence attorneys Robert A. Plantz can represent you, seeking to achieve the issuance of a final order and obtain conditions that can serve to protect you and your family. Don’t take chances with your safety and that of your family. Get legal help today.

Contact Robert A. Plantz & Associates, LLC, and his experienced staff to schedule a free initial consultation* with a lawyer.

When Do Indiana Courts Grant Protection Orders?

Indiana courts issue protection orders in family law cases when a petitioner demonstrates a reasonable fear of harm from a family or household member. Courts evaluate whether the respondent has committed or threatened acts of domestic violence against the petitioner or their children. The standard requires showing that domestic or family violence has occurred or that there is a credible threat of such violence.

Courts consider various forms of abuse when determining whether to grant protection orders. Physical violence such as hitting, slapping or pushing clearly justifies protective relief. However, courts also recognize that domestic violence extends beyond physical contact to include threatening behavior, stalking, harassment and intimidation that creates reasonable fear for safety. The petitioner must provide specific facts about incidents, dates and circumstances supporting the need for protection.

Family or household members eligible for protection orders include current or former spouses, individuals who have or are expecting a child together, individuals currently or formerly living together and persons related by blood or marriage. Dating relationships may also qualify depending on the nature and duration of the relationship. Courts act quickly on protection order petitions because of the urgent safety concerns involved, often issuing temporary ex parte orders the same day a petition is filed.

How Does Indiana Define Domestic Violence?

Indiana defines domestic violence as an attempt or act of physical violence against a family member or a member of their household. Domestic violence can include both threats of violence and acts of violence that can include:

• Hitting
• Kicking
• Punching
• Slapping
• Throwing household objects
• Breaking household objects
• Threats
• Intimidation

Sometimes, household conflicts can escalate and result in accusations of domestic violence. If you have been accused of domestic violence, it is crucial that you seek legal counsel immediately. Learn more about how we can help defend you against these charges by calling 219-561-0263.

How Can Domestic Violence Affect Spousal Support?

Depending on the circumstances, those found guilty of domestic violence may be required to pay the other spouse in alimony and cover their attorney fees. We can help you determine if that could happen in your specific case. If you are accused of domestic violence and need spousal support, an accusation or conviction could complicate your ability to get it. We can help you navigate the specifics of your situation.

Resources For Domestic Violence Victims In Indiana

Victims of domestic violence in Indiana can access various resources for support, safety planning and legal assistance:

• Indiana Courts Self-Service Center: Provides guidance on filing protection orders, necessary forms and detailed information about navigating the legal process
• Lake County Superior Court, Crown Point: Located at 2293 North Main Street, Crown Point, IN 46307, handles protection order filings and hearings for Lake County residents
• Lake County Government Center, Crown Point: 2293 North Main Street, Crown Point, IN 46307, offers clerk services for filing protection order petitions
• Indiana Coalition Against Domestic Violence: Connects victims with local shelters, counseling services and legal aid throughout the state
• National Domestic Violence Hotline: Available 24/7 at 1-800-799-7233 for crisis intervention, safety planning and resource referrals
• Legal Services Program of Northern Indiana: Provides free legal assistance to qualifying low-income victims seeking protection orders and related family law matters

These resources help victims understand their rights, file necessary paperwork and develop safety plans. Contacting these organizations does not replace the need for legal representation at protection order hearings, where having an attorney can significantly impact the outcome.

Accused Of Domestic Violence?

In the heat of a divorce or child custody dispute, false or exaggerated accusations of abuse can lead to the issuance of a temporary protective order. It is essential to have legal representation at the hearing for the final order because that order will go on your record. If you are stopped by the police, they will know of the existence of the order and act accordingly. A final protective order can lead to losing your child custody or visitation rights and ban you from certain professions. You will also lose your right to own a firearm.

Robert A. Plantz & Associates, LLC, can represent you in the hearing for the final order, presenting your side of the story, putting the event in context and seeking to prevent the issuance of the final order. If there is some substance to the domestic violence allegation, your participation in an anger management or alcohol treatment program can help mitigate the effects of the order. We can advise and represent you.

As an experienced criminal defense attorney, Robert A. Plantz also represent clients accused of violating protective orders.

Contact A Merrillville Domestic Violence Attorney

For a free initial consultation* with an attorney, contact Robert A. Plantz & Associates, LLC, at 219-561-0263.