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Instructions For Petition For Order Of Protection - Filed On Behalf Of Child PO-0103 - Indiana
| Instructions For Petition For Order Of Protection - Filed On Behalf Of Child 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 ON BEHALF OFA CHILD 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." There are 2 different kinds of Petitions a person can file: one kind allows a person to seek protection for himself or herself, and another kind allows a representative to ask for protection on behalf of a child. This representative is called the child's "Next Friend." This Instruction booklet explains how to fill out forms for a case in which the Next Friend is seeking protection on behalf of a child, not for himself or herself. If you want to apply for an Order for Protection for yourself, 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 the 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 the child's custodian carry the child's Order For Protection with them at all times, especially when traveling with the child 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-0103 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 needs to have been a victim of: · Domestic or family violence; · Stalking; or, · A sex offense. However, a parent, guardian, or other representative may file a Petition for an Order for Protection on behalf of a child against a: · Family or household member who commits an act of domestic or family violence against the child; or · A person who has committed stalking or a sex offense against the child. If you are the parent, guardian, or other representative of such a child, you will be known as the "Petitioner" and the child will be known as the "Child Who Needs Protection" or as "the Child". "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;, 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 Child Who Needs Protection; or, · Person who has committed stalking or a sex offense against the Child Who Needs Protection. The Child Who Needs Protection and the Respondent are "family or household members" if: · The Child and the Respondent are now dating each other, or used to date each other; · The Child and the Respondent are now engaged in a sexual relationship with each other, or used to be in a sexual relationship with each other; 2 TCM-PO-0103 Approved 07/02 Rev. by State Ct. Admin. 07/12 American LegalNet, Inc. www.FormsWorkFlow.com · · · · · · The Child Who Needs Protection and the Respondent have a child in common; The Child and the Respondent are related by blood or adoption (for example, they are a brother and sister with the same parents); The Child 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 Child was the biological child of the Respondent and was adopted by the Petitioner; The Child and the Respondent are now, or used to be, in one of these kinds of relationships: · The Respondent is or was the Child's guardian; · The Child is or was the Respondent's ward; · The Respondent is or was the Child's custodian; · The Respondent is or was the Child'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 law (Indiana Code § 35-45-10-1) as: "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,
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