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Instructions For Petition For Order Of Protection - Filed By Person Seeking Protection PO-0102 - Indiana
| Instructions For Petition For Order Of Protection - Filed By Person Seeking Protection Form. This is a Indiana form and can be used in Protection Order Protective Order Statewide . |
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INSTRUCTIONS FOR PETITION FOR ORDER OF PROTECTION--FILED BY PERSON SEEKING PROTECTION Under the Indiana Civil Protection Order Act (Indiana Code § 34-26-5), courts can issue orders to protect people from domestic or family violence, stalking, or a sex offense. These court orders are called "Orders for Protection". There are two (2) kinds of Orders for Protection--an Ex Parte Order for Protection, which may be issued without a hearing, and an Order for Protection Issued After a Hearing. Orders for Protection normally last 2 years, unless the Judge decides on a different duration. The protected person is called the "Petitioner." The Petitioner must file a Petition in a court of record, against the other person, called the "Respondent." This Instruction booklet explains how to fill out forms for a case in which the Petitioner is seeking protection for himself or herself, not on behalf of a child. If you want to apply for an Order for Protection on behalf of a child, please ask the Clerk of the Court for the proper Instruction booklet and Petition. IMPORTANT NOTICE: In order to file a case, you must have the Respondent's correct name. In order to assist law enforcement in enforcing the Order for Protection you should have the Respondent's date of birth and/or Social Security number and current address. The Respondent's current address may also be necessary for the Court to grant certain forms of other relief. Unless the Petitioner provides the Respondent's date of birth or social security number, the protection order cannot be entered into the national Protection Order Registry. Even without this information, the protection order will still be included in the Indiana Protection Order Registry. Even if your protection order cannot be entered into the national Protection Order Registry, it will be valid and enforceable throughout the United States. It is highly recommended you carry your Order For Protection with you at all times, especially if you are traveling outside the State of Indiana. This Instruction booklet explains how to fill out the Petition and Confidential Form. It also contains some Instructions for Respondents. These Instructions cannot cover all of the problems and questions that may arise in a particular case. If you do not know what to do to protect your rights, you should see an attorney. 1 TCM-PO-0102 Approved 07/02 Rev. by State Ct. Admin. 07/12 American LegalNet, Inc. www.FormsWorkFlow.com GENERAL INFORMATION Who can get a court order under this law? The Indiana Civil Protection Order Act was passed to promote the protection and safety of all victims of domestic or family violence, sexual assault, and stalking, and to prevent future violence against such victims. In order to apply for protection under this law, a Petitioner must have been a victim of: · Domestic or family violence; · Stalking; or, · A sex offense. "Domestic or family violence" means a family or household member committed one or more of the following acts: 1. attempting to cause, threatening to cause, or actually causing physical harm to another family or household member; 2. placing a family or household member in fear of physical harm; 3. causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress--in other words, forcing someone to engage in a sexual act against the person's will; and 4. beating, torturing, mutilating, or killing a vertebrate animal without justification with an intent to threaten, intimidate, coerce, harass or terrorize a family or household member. Stalking and sex offenses are subject to a Protection Order whether or not committed by a household member The Respondent must be either a: · Family or household member of the Petitioner; or, · Person who has committed stalking or a sex offense against the Petitioner. The Petitioner and Respondent are "family or household members" if: · The Petitioner and Respondent are now married to each other or used to be married to each other ("current or former spouse"); · The Petitioner and Respondent are now dating each other or used to date each other; · The Petitioner and the Respondent are now engaged in a sexual relationship with each other or used to be in a sexual relationship with each other; · The Petitioner and the Respondent have a child in common; · The Petitioner and the Respondent are related by blood or adoption (for example, they are a brother and sister with the same parents); · The Petitioner and the Respondent are now related to each other by marriage or used to be related to each other by marriage (for example, they are a stepbrother and a step-sister); · The Petitioner has adopted the child of the Respondent; 2 TCM-PO-0102 Approved 07/02 Rev. by State Ct. Admin. 07/12 American LegalNet, Inc. www.FormsWorkFlow.com · · The Petitioner and the Respondent are now or used to be, in one of these kinds of relationships: · One of them was the other's guardian; · One of them was the other's ward; · One of them was the other's custodian; · One of them was the other's foster parent; or, · A similar relationship. Finally, a "family or household member" could mean a minor child (under age 18) of a person in one of the kinds of relationships described above. "Stalking" is defined by Indiana Code § 35-45-10-1: "A knowing or intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened." The term "course of conduct" means two (2) or more incidents. As used in the stalking law, "harassment" means: "Conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include statutorily or constitutionally protected activity, such as lawful picketing pursuant to labor disputes or lawful employer-related activities pursuant to labor disputes." As used in the stalking law, "impermissible contact" includes (but is not limited to): "Knowingly or intentionally following or pursuing the victim." A "sex offense" means one of the following crimes under Indiana law (Indiana Code § 35-42-4): · Rape; · Criminal deviate conduct; · Child molesting; · Child exploitation; · Vicarious
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