What Is the Difference Between Restraining & Protective Orders Under Indiana Law?
Both protective orders and restraining orders are issued by judges to keep victims of abuse and harassment safe from further harm. While these terms are often used interchangeably, under Indiana law they signify different things. However, they are obtained through similar means by filing paperwork, then appearing before a judge at a hearing to explain your circumstances and need for protection.
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Differences
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In Indiana, protective orders and restraining orders are different. While they both offer protection to victims, they are intended to protect different groups of people and offer different types of protection. Protective orders protect victims of domestic violence, stalking and sex offenses. Restraining orders protect victims of workplace violence.
These orders also vary by who may file for them. Protective orders are filed by the victim, or on behalf of a victim who is a minor child by a parent or guardian. Restraining orders are filed by an employer on behalf of an employee.
Protective Orders
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Protective orders are designed to protect victims of domestic violence, stalking or sex offenses. In Indiana, domestic violence occurs when a family or household member: attempts, threatens, or causes you physical harm; stalks you; forces you to participate in involuntary sexual activity; or beats, tortures, or kills your animal to frighten you.
Stalking occurs when someone commits two or more acts of intentional harassment that causes you to be "reasonably" frightened or intimidated. A sex offense occurs when you are forced, threatened, or drugged into non-consensual intercourse or "deviate sexual conduct."
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Restraining Orders
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Restraining orders are intended to protect victims of workplace violence. They are filed for by an employer on behalf of an employee.
The employer may file for a restraining order if the employee has been the victim of violence that occurred in the workplace, or a "credible threat of violence that could reasonably be carried out in the workplace."
A "credible threat" is actions that do not "serve a legitimate purpose and cause a reasonable person to fear for her safety or for the safety of her immediate family." Examples include following or stalking that occurred on the workplace premises or during work hours, and harassing phone calls or other communication. These behaviors must be repeated to qualify.
Types
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For both Indiana restraining orders and protective orders, there are two types available. The first is an "ex parte order for protection" or "temporary restraining order." These are issued by judges quickly following an application for a protective order or restraining order. The petitioner completes the application, which is then forwarded to a judge; the judge then decides whether to grant a temporary or ex parte order to protect the plaintiff until the full hearing.
The second type is a "final protective order" or "injunction." These are longer-term forms of the court order, designed to protect the plaintiff over and extended period of time.
Order Terms
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Both protective and restraining orders have terms to protect the victim from being further harmed. However, workplace violence restraining orders can only protect the victim from harassment in the workplace or during work hours. Protective orders can order the abuser to stay away from the plaintiff's home and school (in addition to the workplace), and can entail other domestically-related terms, such as child custody and spousal support.
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