Indiana Restraining Order Laws (2026): How to Get a Protective Order
Indiana Restraining Order Laws (2026): How to Get a Protective Order
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.
Because the civil Protective Order already covers stalking and sex offenses regardless of relationship, Indiana does not have a separate "civil harassment" order. The single statute handles both tracks. 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. The civil statute does not restrict eligibility 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. It takes effect immediately and remains in place until the full hearing, which is generally scheduled within 30 days.
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 18 U.S.C. 922(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.
More Indiana Laws
- Indiana AI Meeting Recording Laws
- Indiana Alimony Laws
- Indiana At-Will Employment Laws
- Indiana Car Accident Laws
- Indiana Car Seat Laws
- Indiana Child Custody Laws
- Indiana Child Support Laws
- Indiana Common Law Marriage Laws
- Indiana Data Privacy Laws
- Indiana Divorce Laws
- Indiana Dog Bite Laws
- Indiana Emancipation Laws
- Indiana Expungement Laws
- Indiana Hit and Run Laws
- Indiana Landlord-Tenant Laws
- Indiana Lemon Laws
Sources
- Indiana Civil Protection Order Act, IC 34-26-5 (Indiana General Assembly)
- IC 35-46-1-15.1 (Invasion of Privacy, violation of protective order) (Indiana General Assembly)
- Indiana Courts Protection Order Self-Help (Indiana Supreme Court)
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.