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RESTRAINING AND PROTECTIVE ORDERS
In Indiana, the violation of a Temporary Restraining Order or a
Protective Order, is addressed under Indiana Code: 35-46-1-15.1,
as a Class B misdemeanor "Invasion of Privacy".The offense can be
a Class A misdemeanor with a prior unrelated conviction.
The Crime is an
exception to the normal misdemeanor rule, which means that an officer
need not witness the violation to make an immediate arrest, but simply
needs probable cause to believe that the offense has occurred. These
orders often give a tool to law enforcement to help quell disturbances.
In addition, recent
changes in the law; allow out of state orders to be enforced in Indiana.
Many people request information regarding restraining/protective orders
so here are some guidelines:
Where
can you file?
Application is made in
the form of an affidavit, in the Superior Court or Circuit Court, at the
Dearborn County Courthouse. You can call the Courthouse Monday through
Friday 8AM-4PM, for further details regarding filing fees.
The Dearborn County
Sheriff's Department can not issue restraining Orders. We only enforce
them.
Who
can file?
Any person over 18
years of age, is permitted to file the affidavit on behalf of his family
or him/herself.
When
do I qualify?
In very general terms;
When you have received threats from a person(s) to cause you bodily harm
or death, or threats to do damage to your property, or when you have
actually been harmed physically, or your property has been damaged, and
it is likely to occur again.
If you have questions
regarding your specific circumstances, call the courts and inquire as to
whether you qualify for the order, or refer your questions to an
attorney. We do not decide who can file an affidavit.
What
happens after I file?
The Judge will hear
your case. He will decide if your affidavit and application should be
granted. If an order of protection is granted, it becomes effective
immediately. The courts will forward a copy of the order to the Law
Enforcement agency where the protected person lives, and to the location
where the restrained party resides. A copy of the order will be served
on the respondent, as soon as the courts provide that copy to the law
enforcement agency. After service on the person, that person will appear
in court to testify before the judge. This hearing determines whether
the order becomes a permanent order. If the restrained party violates
this order, call the Sheriff Department or Police Department where you
live and report the facts which lead you to believe the order has been
violated.
Dearborn County
Sheriff’s Department
Law Enforcement Center
301 West High Street
Lawrenceburg, IN 47025
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