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Should I Defend Against A Protective Order?

Should I Defend Against A Protective Order?

Protective Orders are powerful tools in the legal sphere. Protective Orders can be used to help ensure the safety of individuals in dangerous situations, such as victims of domestic violence, or minors in an abusive household. While Protective Orders are a powerful tool that can be used for good, they can also, by design, be used to wrongfully harm an individual who is not a threat to anyone. This blog provides a brief overview of protective orders, the ramifications of the same, and when you may want to think about defending yourself.

The Indiana Civil Protection Act is designed to promote three separate goals.1 First, the Indiana Civil Protection Act is designed to promote the protection and safety of all victims of domestic or family violence. Second, the Indiana Civil Protection Act is designed to promote protection and safety to all victims of harassment. Third, the Indiana Civil Protection Act is designed to promote the prevention of future domestic violence, family violence, and harassment.

While it is clear that there is a need for Protective Orders, and that Protective Orders do a lot of good for victims, there are certain situations in which they are used for the wrong reasons. By design, Protective Orders are very easy to obtain. The low standard of obtaining Protective Orders is what leads to some individuals finding themselves on the wrong end of an Order of Protection. There are many incidents in which individuals who are not abusers, stalkers, or sex offenders find that there is an Order of Protection against them.

If you find yourself on the wrong end of a protective order, there can be some serious consequences. One such consequence is you will become Brady disqualified if you lose at a hearing or fail to ask for a hearing, meaning you will no longer be able to own or possess a firearm. Furthermore, you could see an adverse consequence at work or in your search for employment as employers may be hesitant to hire an individual with a protective order against them. The existence of a protective order against anyone is available on-line. Finally, if you have children, it could have an effect on your parenting time with them. While the Protective Order may later get dropped due to lack of proof, the mere fact that there was an Order of Protection against you can lead to serious and permanent consequences.

There are ways to defend yourself against a protective order. However, Protective Orders are unique and very complex. They take a skilled attorney to navigate and guide you through the murky waters. Ciyou & Dixon, P.C. attorneys practice throughout the State of Indiana and understand the complication associated with Protective Orders. This blog post is written by Ciyou & Dixon, P.C. advocates who handle all facets of Protective Orders throughout the state. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement.

  1. Ind. Code section 34-26-5-1.




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Dixon & Moseley, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

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