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, because stalking and sex-offense petitions and the separate repeated-harassment petition carry no relationship requirement at all. 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. The statute opens three distinct doors, and they do not share the same eligibility rules.

Under IC 34-26-5-2(a)(1), a person who is or has been a victim of domestic or family violence may petition against a family or household member who commits an act of that violence. That track does carry a relationship element, and "family or household member" is defined broadly at IC 34-6-2.1-67 to include a current or former spouse, someone the petitioner is dating or has dated, someone the petitioner was in a sexual relationship with, a relative by blood, adoption, or marriage, a guardian, ward, custodian, or foster parent, and a person with a child in common.

Under IC 34-26-5-2(a)(2), the same petitioner may seek an order against any person who has committed stalking under IC 35-45-10-5 or a sex offense under IC 35-42-4 against them. No relationship of any kind is required on that track; IC 34-6-2.1-50 expressly folds stalking and sex offenses into the chapter "whether or not" committed by a family or household member.

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?

A person who is or has been a victim of domestic or family violence may petition against a family or household member who committed that violence, or against anyone at all who has committed stalking or a sex offense against them. 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, and with no relationship requirement. So the relationship question depends entirely on which track you are filing under: it matters for the domestic-violence basis and not at all for the stalking, sex-offense, or harassment bases. The relationship between the parties also affects 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, guardian, or other representative may also file on behalf of a child under IC 34-26-5-2(c). 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.

Under IC 34-26-5-3(d), the clerk of the circuit court must give you the petition forms, every other form needed to file and serve the order, and clerical assistance in reading and completing them. Indiana courts also support electronic filing of protection order petitions, which is most often done with a trained victim advocate who interviews you, prepares the forms, lets you review them, and submits them to the court. Court self-help centers and local domestic-violence organizations can assist with the paperwork and accompany you to court.

One point of confusion worth clearing up: Indiana's statewide protective order registry (IC 5-2-9-5.5) is not a place where the public files petitions. It is an internet-based electronic depository created and maintained by the Office of Judicial Administration that retains copies of issued protective orders, holds confidential information about protected persons, and interfaces with county case management systems. The clerk enters your case in the registry after you file (IC 34-26-5-3(g)); you do not use it to start one.

After you file, the court reviews the petition and may issue a temporary ex parte order. What happens next is covered in the section below, and it is not the automatic hearing many people expect.

Temporary vs. final orders: how long they last

An ex parte 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 under IC 34-26-5-9(f) it is effective for two years after the date of issuance unless the court orders another date. This is the single most misunderstood point in Indiana protective-order practice: an Indiana ex parte order is a full two-year order, not a short-lived restraining order that lapses at a hearing. 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.

A hearing after an ex parte order is generally not automatic. Under IC 34-26-5-10(a) and (b), when the court issues an ex parte order granting relief under IC 34-26-5-9(c), the court sets a hearing upon a request by either party, and that hearing must be held within 30 days of the request unless continued for good cause. Each party may request only one hearing. If neither party asks for one, there may be no hearing at all, and the ex parte order simply runs its two-year term. A requested hearing can end with the order confirmed, modified, or set aside, so ask an Indiana family lawyer for a free case evaluation on preparing your side of it (attorney advertising).

There is an exception. Under IC 34-26-5-10(c), the court must set a hearing within 30 days of the filing of the petition when the petitioner requests or the court grants relief under IC 34-26-5-9(c)(4), (c)(6), (c)(7), (c)(8), or (c)(9), such as excluding the respondent from the residence, awarding possession of an animal, or ordering other relief necessary for safety, or when the petitioner requests relief under IC 34-26-5-9(d)(2), (d)(3), or (d)(4), such as parenting-time arrangements, money payments, or a firearms prohibition. Those hearings take precedence over other pending matters.

At any hearing under IC 34-26-5-10, the full range of relief in IC 34-26-5-9 is available, so the court can confirm, modify, expand, or set aside the order. An order issued after notice and a hearing runs for the same two years from its date of issuance unless the court orders another date.

An order is effective indefinitely only in a narrow case. IC 34-26-5-9(g) requires both that the respondent is a sex or violent offender required to register for life under IC 11-8-8-19 and that the petitioner was the victim of the crime that resulted in that lifetime registration requirement. If the respondent is a lifetime registrant but the petitioner was not the victim of the registration-triggering crime, the order is a standard two-year order.

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, and under IC 34-26-5-9(d)(4) it is relief available after notice and a hearing.

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. The 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.

The offense rises to a Level 6 felony only if the person has a prior unrelated conviction for an offense under IC 35-46-1-15.1(a) or for stalking under IC 35-45-10-5. A Level 6 felony carries a sentence of six months to two and one-half years in prison and a fine of up to $10,000. Note what this means in practice: a second or third violation is still charged as a Class A misdemeanor unless the person has already been convicted of one of those qualifying offenses. Repeated violations alone do not elevate the charge; a prior conviction does.

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 builds the record, and a conviction on one is what opens the door to felony charges on the next.

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

• Indiana Child Custody Laws
• Indiana Divorce Laws
• Indiana GPS Tracking Laws
• Indiana Self-Defense 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. The clerk of the circuit court must give you the forms and clerical assistance (IC 34-26-5-3(d)), and Indiana courts also support electronic filing of protection order petitions, usually with a trained victim advocate who prepares and submits the forms for you. 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 of filing.

How long does a restraining order last in Indiana?

Two years. Under IC 34-26-5-9(f), a Protective Order is effective for two years from the date of issuance unless the court orders another date, and that is true whether the order was issued ex parte or after notice and a hearing. An Indiana ex parte order is not a short-term order that expires at a hearing. The order runs indefinitely only where both conditions in IC 34-26-5-9(g) are met: the respondent is required to register for life as a sex or violent offender under IC 11-8-8-19, and the petitioner was the victim of the crime that caused that registration requirement.

Is there automatically a hearing after an ex parte order in Indiana?

Usually not. Under IC 34-26-5-10(a) and (b), after an ex parte order granting relief under IC 34-26-5-9(c), the court sets a hearing only when either party requests one, and it must then be held within 30 days of that request. Each party may request one hearing. A hearing is set automatically, within 30 days of the filing of the petition, only in the situations listed in IC 34-26-5-10(c), such as when the order excludes the respondent from the residence, awards possession of an animal, or the petitioner asks for parenting-time terms, payments, or a firearms prohibition. Otherwise the ex parte order can simply run its two-year term with no 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 Class A misdemeanor carrying up to 1 year in jail. It becomes a Level 6 felony (6 months to 2.5 years in prison) only if the person has a prior unrelated conviction for invasion of privacy under that subsection or for stalking under IC 35-45-10-5. A repeat violation by someone with no such prior conviction is still a Class A misdemeanor. 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?

It depends on the track. For the domestic or family violence basis, yes: IC 34-26-5-2(a)(1) requires the respondent to be a family or household member, which IC 34-6-2.1-67 defines broadly to include current and former spouses, dating and sexual partners, blood, adoptive and in-law relatives, guardians, wards, custodians, foster parents, and people with a child in common. For the other tracks, no: IC 34-26-5-2(a)(2) covers stalking or a sex offense committed by anyone at all, and the repeated-harassment basis in IC 34-26-5-2(b) has no relationship requirement either. That is what makes Indiana broader than states whose civil order runs only against people with a qualifying relationship.