Indiana
Indiana Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 5 primary sources cited on this page. How we verify our legal content

In Indiana, the civil order that protects victims from abuse, harassment, or stalking is called a Protective Order, issued under the Indiana Civil Protection Order Act (IC 34-26-5). Indiana's civil protective order is notably broad: no intimate-partner or household relationship is required. A Protective Order generally lasts two years from the date it is issued.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Indiana
Indiana's primary civil remedy is the Protective Order under the Indiana Civil Protection Order Act, IC 34-26-5. Unlike many states that limit their domestic-violence civil order to persons with a qualifying relationship, Indiana's civil Protective Order is available to any person who has been or is at risk of being a victim of domestic or family violence, a stalking offense, or a sex offense. A victim does not need to have lived with, dated, or been related to the respondent in order to petition for this order.
The same Civil Protection Order Act also provides a separate, independent petition track for victims of repeated harassment under IC 34-26-5-2(b), available even when the conduct does not rise to domestic or family violence, stalking, or a sex offense, and without any relationship requirement. That harassment track follows a different procedure: the court cannot grant it ex parte and must instead hold a notice-and-hearing within 30 days of filing (IC 34-26-5-9(b)). In addition, Indiana courts issue No-Contact Orders in criminal domestic violence and stalking cases; those are criminal-case orders separate from the civil Protective Order process described here.
Who can get a restraining order in Indiana?
Any person may petition for a civil Protective Order if they have been or are at risk of being a victim of domestic or family violence, stalking, or a sex offense under Indiana law. A separate, independent basis under IC 34-26-5-2(b) lets any person who has been subjected to repeated acts of harassment petition for a Protective Order, even without domestic violence, stalking, or a sex offense. The civil statute does not restrict eligibility on any of these tracks to persons who share a household, are related, or have been in a romantic relationship. That said, the relationship between the parties does affect the scope of the federal firearm prohibition that attaches to a qualifying final order.

Common petitioners include current or former spouses, dating partners, co-parents, household members, and relatives, as well as victims of stalking or sexual offenses by coworkers, neighbors, or acquaintances. A parent or guardian may also file on behalf of a minor child. There is no residency requirement: a petitioner may file in any eligible court regardless of where they have lived.
How to file for a restraining order in Indiana
You file a petition for a Protective Order in the Circuit or Superior Court in the county where you reside, where the respondent resides, or where the incident occurred. Filing is free. Under the federal Violence Against Women Act, states may not charge a filing fee or service fee for a domestic-violence protective order, and Indiana waives these fees for civil Protective Order petitions more broadly.
Indiana has a statewide Protection Order Registry that allows online filing. This is one of the more convenient systems in the country: you can initiate your petition electronically without traveling to the courthouse first, although you will still need to appear for your hearing. Court self-help centers at each courthouse can assist you with completing the petition forms, and many local domestic-violence organizations provide free advocates who can help you prepare your filing and accompany you to court.
After you file, the court reviews the petition and may issue a temporary ex parte order before the full hearing. The court then schedules a hearing, typically within 30 days, at which both parties may be present.
Temporary vs. final orders: how long they last
An ex parte temporary Protective Order can be issued within a few days of filing, before the respondent receives notice, for petitions based on domestic or family violence, stalking, or a sex offense. It takes effect immediately and remains in place until the full hearing, which is generally scheduled within 30 days. A petition based on harassment under IC 34-26-5-2(b) does not qualify for ex parte relief; Indiana law requires notice and a hearing instead, to be held within 30 days of filing.
At the hearing, the court decides whether to issue a final Protective Order. In Indiana, a final Protective Order lasts two years from the date of issuance unless the court specifies a different end date. If the respondent is a registered lifetime sex offender or a registered violent offender, the order is indefinite rather than two-year-limited.
| Order Type | Duration |
|---|---|
| Ex parte temporary Protective Order | Until the full hearing (usually within 30 days) |
| Final Protective Order (standard) | 2 years from date of issuance |
| Final Protective Order (lifetime-registered offender) | Indefinite |
After two years, a petitioner may return to court to request a new or extended order if the threat continues.
Firearms and an Indiana Protective Order
When a court issues a Protective Order in Indiana, it may include a provision prohibiting the respondent from using or possessing firearms and directing the respondent to surrender any firearms to law enforcement for the duration of the order. This provision is within the court's discretion rather than mandatory under Indiana state statute.

Beyond the state-level provision, a qualifying final Protective Order triggers the federal firearm prohibition under (g)(8) when the protected person is a current or former intimate partner or co-parent of the respondent and the order meets the other federal criteria (issued after notice and a hearing, and restraining conduct that threatens or uses physical force). Under that federal law, a person subject to such an order may not possess any firearm or ammunition for the duration of the order, regardless of whether the state court included an explicit firearms provision.
What happens if someone violates the order?
Violating a Protective Order in Indiana is prosecuted as invasion of privacy under IC 35-46-1-15.1. A first offense is a Class A misdemeanor, which carries a sentence of up to one year in jail and a fine of up to $5,000. A subsequent violation, or a violation by someone who has a prior conviction under that same statute, is a Level 6 felony, which carries a sentence of six months to two and one-half years in prison and a fine of up to $10,000.
Indiana law authorizes police to arrest without a warrant when there is probable cause to believe a Protective Order has been violated. If the respondent contacts you, comes near your home or workplace in violation of a stay-away provision, or threatens or harms you in any way, call 911 immediately. Save all messages, photographs, and other evidence of the violation and report each incident to law enforcement. Every documented violation strengthens the case for escalation from misdemeanor to felony if violations continue.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related
This page is part of the Restraining Orders by State hub, which covers protective-order laws for all 50 states and D.C.

For related Indiana topics, see the Indiana recording law page for guidance on documenting harassment incidents, and the Indiana self-defense laws page for information on self-defense rights.
More Indiana Laws
Frequently Asked Questions
How do I get a restraining order in Indiana?
File a petition for a Protective Order at the Circuit or Superior Court in any county where you live, where the respondent lives, or where the incident occurred. You can also start your petition online through Indiana's statewide Protection Order Registry. Filing is free. For petitions based on domestic or family violence, stalking, or a sex offense, a judge can issue a temporary ex parte order within a few days; a harassment-based petition instead requires notice and a hearing, held within 30 days. The full hearing in either case is usually scheduled within 30 days.
How long does a restraining order last in Indiana?
A final Protective Order in Indiana lasts 2 years from the date of issuance unless the court specifies another date. If the respondent is a registered lifetime sex or violent offender, the order is indefinite. A temporary ex parte order remains in place until the full hearing.
How much does a restraining order cost in Indiana?
Filing for a Protective Order is free in Indiana. Under the federal Violence Against Women Act, states may not charge a filing fee or service fee for a domestic-violence protective order.
Can I get a restraining order without a police report?
Yes. You do not need a police report to file for a Protective Order in Indiana. You describe the abuse, stalking, or threat in your petition, and the judge decides whether to issue a temporary order based on your account and any evidence you provide.
Does a restraining order take away gun rights in Indiana?
The court may order the respondent to surrender firearms when issuing a Protective Order. Additionally, when the protected person is a current or former intimate partner or co-parent, the federal ban under 18 U.S.C. 922(g)(8) prohibits the respondent from possessing any firearm or ammunition for the duration of a qualifying final order.
What happens if the abuser violates the order?
Violating a Protective Order is charged as invasion of privacy under IC 35-46-1-15.1. A first offense is a Class A misdemeanor (up to 1 year in jail); a second offense or prior conviction under that section is a Level 6 felony (6 months to 2.5 years in prison). Police can arrest without a warrant on probable cause. Call 911 and document every violation.
Do I need a domestic relationship to get a Protective Order in Indiana?
No. Indiana's civil Protective Order is available to any victim of domestic or family violence, a stalking offense, or a sex offense, regardless of whether the petitioner and respondent have any intimate-partner, household, or family relationship. Indiana law also lets any person who has been subjected to repeated acts of harassment petition for a Protective Order under a separate basis, IC 34-26-5-2(b), with no relationship requirement either. This makes Indiana broader than many states, which limit their civil DV order to persons with a qualifying relationship.
Updates
Added coverage of Indiana's separate harassment-based protective order petition track (IC 34-26-5-2(b)), which has no relationship requirement, and corrected the page's claim that no such separate track exists. Also clarified that, unlike the domestic-violence/stalking/sex-offense tracks, a harassment-based petition does not qualify for ex parte relief and instead requires notice and a hearing within 30 days.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Indiana Code, TITLE 35. CRIMINAL LAW AND PROCEDURE
§ 35-46-1-15.1Invasion of privacy; offense; penaltiesIn force
Sec. 15.1. (a) A person who knowingly or intentionally violates: (1) a protective order to prevent domestic or family violence or harassment issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal); (2) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal); (3) a workplace violence restraining order issued under IC 34-26-6; (4) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child; (5) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6; (6) a no contact order issued as a condition of probation; (7) a protective order to…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 152 court opinionsMost recently applied by a court: 2026
Leading cases:
- Dixon v. State (Indiana Court of Appeals 2007, 869 N.E.2d 516)“…order commits invasion of privacy as a Class A misdemeanor. Ind.Code § 35-46-1-15.1(1). Dixon first argues that he did not…”
- Thomas v. State (Indiana Court of Appeals 2010, 936 N.E.2d 339)“…Id. The offense of invasion of privacy is governed by Ind.Code § 35-46-1-15.1, which provides: "A person who knowingl…”
- Winebrenner v. State (Indiana Court of Appeals 2003, 790 N.E.2d 1037)“…1)(B) commits "invasion of privacy," a class B misdemeanor. Ind.Code § 35-46-1-15.1(a) (Supp.2001). At the time the protect…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Indiana Civil Protection Order Act, IC 34-26-5(iga.in.gov).gov
- IC 35-46-1-15.1 (Invasion of Privacy, violation of protective order)(iga.in.gov).gov
- Indiana Courts Protection Order Self-Help(courts.in.gov).gov
- Indiana Civil Protection Order Act, IC 34-26-5(iga.in.gov).gov
- IC 35-46-1-15.1 (Invasion of Privacy, violation of protective order)(iga.in.gov).gov