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How do I get a restraining order in Indiana?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Indiana's protective order law was unified under the Civil Protection Order Act in 2002.

1. Types of Protective Orders

  • Civil Protection Order (CPO) — Ind. Code § 34-26-5 (covers domestic/family violence, stalking, and sex offenses).
  • Workplace Violence Restraining Order — Ind. Code § 34-26-6.
  • Firearm Seizure — Ind. Code § 35-47-14 (red flag, applies to dangerous individuals).
  • No-Contact Order — entered in criminal cases under Ind. Code § 35-33-8-3.6.

    • 2. Eligibility

    CPO requires petitioner be a "victim of domestic or family violence, stalking, or a sex offense" (§ 34-26-5-2). Family/household member defined in § 34-6-2-44.8: spouse, former spouse, dating relationship, persons with a child in common, blood/adoption/marriage relatives, current/former cohabitants. Stalking and sex offense petitioners need no relationship.

    3. Filing

    File in any court of record in the county where petitioner or respondent resides, or where abuse occurred. No filing or service fee (§ 34-26-5-3); respondent may be ordered to pay costs.

    4. Emergency / Ex Parte

    Same-day review. Statute creates a rebuttable presumption that a protective order is necessary if petitioner alleges domestic/family violence (§ 34-26-5-9(b)). Ex parte order lasts up to 30 days until full hearing.

    5. Full Hearing

    Preponderance standard. Respondent personally served. Both parties present testimony, exhibits, witnesses; cross-examination allowed.

    6. Permanent Order Duration

    Up to 2 years (§ 34-26-5-9(e)); may be modified or extended on motion.

    7. Enforcement

    Violation is invasion of privacy under Ind. Code § 35-46-1-15.1: Class A misdemeanor (up to 1 year jail and $5,000 fine); Level 6 felony if prior conviction or violation while order on file. Officers shall arrest on probable cause (Ind. Code § 35-33-1-1.5). Firearm prohibition under 18 U.S.C. § 922(g)(8) and Indiana red-flag procedure for firearm surrender.

    8. Modification / Dismissal

    Either party may motion to modify or dismiss under § 34-26-5-10; court reviews safety and changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent has retained counsel for the hearing
    • Custody, parenting time, or possession of the residence is contested
    • Handgun license, firearms, or law-enforcement employment is implicated
    Related Statutes & Laws
    • Ind. Code § 34-26-5
    • Ind. Code § 34-26-6
    • Ind. Code § 35-46-1-15.1
    • Ind. Code § 35-47-14
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.