Order of Protection Attorney in Elkhart, IN

Understanding the Process of Obtaining an Order of Protection in Indiana

Dealing with the order of protection issues can be a challenging and emotional experience, which is why working with an order of protection attorney in Elkhart, IN is essential. While an order of protection can provide a sense of safety and security, navigating the legal system to obtain one can be complex and overwhelming. 

At Wilson & Kinsman LLC, we can provide you with the legal guidance and support you need to obtain an order of protection. We will thoroughly review your situation and advise you of your rights. Contact us today to schedule an initial consultation with our Indiana criminal defense lawyers to learn more about your legal options.

What is an Order of Protection?

An order of protection, also known as a restraining order, is a legal document issued by a court that is designed to protect an individual from abusive or threatening behavior from another person. The purpose of an order of protection is to provide a sense of safety and security for the individual seeking protection and prevent further abuse or violence. 

This document may restrict the actions of the person who has been accused of abusive behavior, such as prohibiting them from contacting or coming near the person seeking protection. If you have been hurt by someone, endured abuse from a family member, household member, or romantic partner, or are being stalked, you need to speak with an Elkhart order of protection lawyer who can help you protect your rights.

Who Is Eligible to File for a Protective Order?

Not everyone is qualified to obtain an order of protection. It is important to note that the specific requirements for eligibility for an order of protection can vary depending on the jurisdiction and the circumstances of the case. It is advisable to seek the guidance of an Elkhart criminal defense attorney to determine if you are eligible for an order of protection and to assist you in obtaining one.

In general, to be eligible for an order of protection, a person must be able to prove that they have been a victim of abusive or threatening behavior. In Elkhart, IN, individuals who are eligible for an order of protection include:

• Spouses or former spouses
• Individuals who are or were in a dating relationship
• Family members related by blood, adoption, or marriage
• Individuals who reside or have resided in the same household
• Individuals who have a child in common

Additionally, the person seeking an order of protection must be able to demonstrate that they have a reasonable fear of harm or abuse from the person they are seeking protection from. This can include physical violence, threats of violence, harassment, stalking, or other forms of abusive behavior.

What are the Grounds for Obtaining an Order of Protection?

To obtain an order of protection in Indiana, a person must demonstrate that they have been a victim of abusive or threatening behavior. It is important to note that the specific grounds for obtaining an order of protection can vary depending on the jurisdiction and the circumstances of the case. If you believe you have grounds for obtaining an order of protection, it is advisable to seek the guidance of our Elkhart order of protection lawyer who can assist you in navigating the legal process. 

Grounds for obtaining an order of protection can include:

Stalking

This includes repeated and unwanted contact, such as texting, calling, emailing, or showing up at someone’s home or workplace.

Physical Abuse

This includes any type of physical harm, such as punching, hitting, slapping, or kicking.

Harassment

This includes any type of behavior that is intended to cause fear or distress, such as threatening or intimidating messages, phone calls, or social media posts.

Sexual Abuse

This includes any type of sexual assault, such as rape, unwanted sexual contact, or sexual harassment.

Emotional Abuse

This includes any type of behavior that is intended to manipulate or control someone, such as name-calling, belittling, or isolating someone from friends and family.

What is the Process for Obtaining an Order of Protection?

The specific process for obtaining an order of protection can vary depending on the circumstances of the case. Once you have reviewed the requirements to obtain an order for protection and believe you qualify, you can start to file the paperwork with the help of an Elkhart IN order of protection attorney. 

1. Filing a Petition

To obtain an order of protection in Elkhart, IN, the first step is to file a petition with the court. This petition will describe the circumstances of the alleged abuse and will request that the court issue an order of protection.

 

2. Review by the Court

Once the petition is filed, a judge will review the petition and determine if there is enough evidence to issue an emergency order of protection. If so, the judge will issue a temporary order of protection that will provide immediate protection for the victim. If not, the judge will schedule a hearing where both parties will have the opportunity to present evidence.

3. Service of Process

The court will give you instructions on how the summons, petition, and order of protection can be served on the abuser. After the order of protection is issued, the person seeking protection must serve a copy of the order on the person accused of abusive behavior. 

4. Hearing

If a hearing is scheduled, both parties will have the opportunity to testify in court about the abuse, and present testimony and other evidence to support their case. The person accused of abusive behavior will have the opportunity to defend themselves against the allegations. The person seeking protection must demonstrate that they have been a victim of abusive behavior and that an order of protection is necessary to ensure their safety. 

5. Decision by the Court

After the hearing, the judge will decide whether to issue a longer-term order of protection. If the judge determines that an order of protection is necessary, they will issue a plenary order of protection that can last for up to two years.

Why Do I Need an Order of Protection Attorney in Elkhart, IN?

Survivors of domestic violence have several civil and criminal protection or restraining order options to protect themselves from further abuse. An order of protection, even a temporary one, should not be taken lightly. 

Whether you want to learn more about protective orders to keep yourself safe or you need to fight against a false restraining order, our Elkhart order of protection attorneys at Wilson & Kinsman LLC can help you. Our legal team is committed to:

• helping you understand the laws governing orders of protection in Indiana, and ensuring that your rights are protected.
• guiding you through the process, helping you prepare the necessary documentation, and providing you with the support you need to feel confident and secure.
• helping you present evidence, cross-examine witnesses, and make legal arguments to help ensure that you receive the protection you need.
• representing you and advocating on your behalf if your case goes to court.

Facing issues of abuse and threatening behavior can be emotionally challenging. Our criminal defense law firm can provide you with emotional support and guidance throughout the process, helping you feel empowered and in control. Contact us today to schedule an initial consultation to review the facts of your case with you and help prepare your defense.

Call Our Order of Protection Attorney in Elkhart, IN Now!

Dealing with abusive behavior can be a stressful and frightening experience. If you are a victim of abuse or threatening behavior, obtaining an order of protection can help protect you and your loved ones. Your ability to win and defend against an order of protection will depend on having a thorough understanding of the law in your state. 

Our Elkhart order of protection lawyers at Wilson & Kinsman LLC will help you understand your rights and options, and we will fight to protect you and your loved ones from further harm. Whether you are dealing with physical abuse, sexual abuse, stalking, harassment, or emotional abuse, we can help you obtain the protection you need. We can help you understand what a protective order is, how to request one or fight a protective order request, and what a granted protective order means for all parties involved.

Our criminal defense law firm serves clients coming from Elhart, Goshen, Michiana, South Bend, and throughout Indiana. We can also help you fight for the fair compensation you deserve in personal injury cases. Schedule an initial consultation with us today and let us help you take control of your situation and protect yourself and your loved ones.