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.

Give us a call!

574-522-1900

Testimonials

Read what our former clients have to say:

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.