“Should I really fight a PO, what was said in the petition isn’t true? What’s the harm in having a PO against me? Could a PO cause me problems at my job? Won’t my divorce judge see this is gamesmanship to gain an advantage in our custody litigation?”

According to the Bureau of Justice Statistics, domestic violence accounts for more than one-fifth of all violent crime in the United States. In 2002, the legislature adopted the Indiana Civil Protective Order Act, which is a very complex Act followed by significant caselaw development. Thus, if you find yourself served with a protective order, you should seek skilled domestic counsel to navigated you through legal morass.

This Act has companion acts adopted in other states across the country and a national database to track individuals who are subject to domestic protective orders no matter where they may be. Further, the violation of a Protective Order is crime.

Indiana Civil Protection Order Act 

While domestic violence is indeed a staggering problem, all seasoned family law attorneys have observed a pattern in high-conflict custody cases, where a civil protective order is sought for conduct and/or false CPS reports made. These can cause great harm to your domestic case if you do not hire a lawyer to vigorously defend against such (the CPS claim and the protective order). For instance, if you are police officer or a member of military, assuming a protective order is issued ex parte (the judge can set a hearing instead of just granting it), you have thirty (30) days to ask for a hearing on any ex parte order; if you do not, then the domestic protective order stands and you are prohibited from carrying a firearm, even in the line of duty for two years and this can be renewed in two year increments. This speaks volumes for the allegations made by your spouse in divorce (and normally custody) litigation. A common theme in these cases is that if you have a protective order issued against you and are the subject of a CPS investigation, you should not be the custodial parent, even though that may be far from true.

Indiana Court of Appeals Memorandum Decision on Protective Orders

This might have you asking if it is so simple to obtain a domestic protective order, why and who qualifies for a domestic protective order. Fortunately, the list of individuals entitled to seek protective order is a fairly limited list with mostly domestic connections to the person they seek a protective order against. Specifically, a person who has been a victim of domestic of family violence may file a petition for an order of protection against:

• A family or household member who commits and act of domestic or family violence
• A person who has committed stalking or a sex offense against the petitioner
• A person who is or has been subjected to harassment may file a petition for an order for protection against a person who has committed repeated acts of harassment against the petition.
• A parent, guardian, or another representative may file for an order of protection on behalf of a child against a:
  • Family or household member who commits and an act of domestic or family violence.
  • A person who has committed stalking or a sex offense against the child.
  • A person who has committed repeated acts of harassment against the child.
  • A person who engaged in a course of conduct involving repeated or continued with a child that is intended to prepare or condition a child for sexual activity.

Ultimately, a false protective order or CPS investigation that arises in the midst of a contested custody case is one that you should have your domestic counsel review and potentially respond to. A protective order can cause you to lose your job and livelihood and a CPS case can stop your divorce. Hopefully, this is not your case. However, know that Dixon & Moseley, P.C. advocates have defended numerous individuals against baseless protective orders and deftly managed CPS investigations. You job and custody case may depend on it.

Four Things To Know About Protective Orders 

I’ve Had a Civil Protection Order Entered Against Me – What Does This Mean