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Listed below are frequently asked questions on Orders of Protection by several organizations including;

If you do not understand an answer or if want more information, scroll down to see what another organization has stated. You can also call our legal advocate for more information.

Answers by Vanderburgh Superior Court

ROBERT J. TORNATTA, Judge

KELLY L. WARD, Court Administrator

September 2003

TO: The Enforcement/Treatment Committee of the Evansville-Vanderburgh
County Commission on Domestic and Sexual Violence

FROM: The Judges and Magistrates of the Vanderburgh Superior Court

RE: Questionnaire from The Enforcement/Treatment Committee (August 12,
3003)

CAVEAT: The answers to these questions frequently depend upon
specific facts unique to each case presented to the court. These answers are designed to
address the topics in a broad, general manner. There will always be a significant number
of cases that fall outside normal circumstances and require special treatment which
deviates from these general responses.

Depending upon the type relief being requested by the Petitioner, the
Protective Order statute may or may not legally require the court to set a hearing.

If the court does not set a hearing, the Respondent must be informed
that he has a right to require a hearing.

In addition, there are practical reasons for setting all Protection
Order requests for hearing.

Things that do not require a hearing, unless the Respondent asks for
one:

1. Prohibiting the Respondent from committing, or threatening to commit,
   acts of domestic or family violence, stalking, or sex offenses against the Petitioner or
   the Petitioner’s family or household members;

2. Prohibiting the Respondent from harassing, annoying, telephoning,
   contacting, or directly or indirectly communicating with the Petitioner;

3. Ordering the Respondent to stay away from the Petitioner’s
   residence, school, place of employment, or other places; and,

The Respondent must be advised of his right to require a hearing and
provided with proper forms for requesting a hearing.

Things that can be ordered by the Judge right away, but that require a
hearing to

be held within 30 days:

1. Evicting the Respondent from the Petitioner’s home;

2. Ordering the Respondent to give the Petitioner the possession and use
   of:

   A home they both share;

   A car or other motor vehicle;

   Other necessary personal items;

3. Ordering certain other additional relief.

Things that can only be ordered by the Judge once a hearing has been
held:

2. Ordering the Respondent to pay money to the Petitioner for various
   things, such as:

   Attorney fees; Rent/mortgage payments; Child support/maintenance;
   Medical expenses, counseling, shelter, repair or replacement of damaged property;

3. Prohibiting the Respondent from possessing firearms, ammunition, or
   deadly weapons; and,

   - If the Respondent owns a firearm, ammunition, or a deadly weapon,
   ordering the Respondent to surrender those items to a local law enforcement agency for the
   duration of the Order for Protection.

   Practical considerations for setting all Petitions For
   Protection Orders for hearing:

   Several practical considerations supporting a policy of setting all
   Petitions For Protection Orders for hearing include the following:

   (1) The Petitioner often leaves the Courthouse believing that she has a
   valid and enforceable Protection Order, but there may insufficient service of process on
   the Respondent. Insufficient "service of process" on the Respondent [often
   referred to as "no service"] simply means that the Respondent did not get
   "legally tagged or notified" that a Protection Order has been entered against
   him and/or that he has the right to contest the Protection Order. Without sufficient
   "service of process" on the Respondent, the Protection Order is not legally
   enforceable and the respondent may not be successfully prosecuted for violating the
   Protection Order.

   (2) If there has been "no service," then the Clerk or the
   Court must inform the Petitioner of this deficiency and the need to try again to serve the
   Respondent with legal process.

   2. New paperwork must be generated and served on the Respondent at new
      or more recent residence.

   3. The Petitioner must be informed of this problem and the need to
      remedy it by providing a better address for the Respondent.

   4. Some Petitioners may have no interest in perusing the matter, or have
      no additional information concerning the whereabouts of the Respondent.

   5. Some Petitioners have themselves moved to a new location and can no
      longer be informed of the lack of protection. Example: Petitioner is "on the
      run."

In general, the committed Petitioner will show up for the hearing, and
the uncommitted will not show up. The uncommitted drop out automatically, without any
additional waste of judicial resources.

The committed Petitioners are easily informed of "service of
process" problems and the need for curative action.

COMMENT

NICS: Mandated by the Brady Handgun Violence Prevention Act (Brady
Act) of 1993, Public Law 103-159, the National Instant Criminal Background Check System
(NICS) was established for Federal Firearms Licensees (FFLs) to contact by telephone, or
other electronic means, for information to be supplied immediately on whether the transfer
of a firearm would be in violation of Section 922 (g) or (n) of Title 18, United States
Code, or state law.

The NICS is a national system that checks available records on persons
who may be disqualified from receiving firearms. The FBI developed the system through a
cooperative effort with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and
local and state law enforcement agencies. The NICS is a computerized background check
system designed to respond within 30 seconds on most background check inquiries so the
FFLs receive an almost immediate response.

According to NICS, federal categories of persons prohibited from
receiving firearms include: "The subject of a protection order issued after a
hearing of which the respondent had notice that restrains respondent from harassing,
stalking, or threatening an intimate partner or child of such partner. This does not
include ex parte orders."

Not all jurisdictions automatically set all Ex Parte Protection
Orders for hearing. A number of jurisdictions simply enter the Ex Parte Protection Order,
with Notice to the Respondent of his right to request a hearing within 30 days. This
procedure eliminates the need for the Petitioner to return to Court for a subsequently
scheduled hearing in a significant number of cases because the Respondent frequently fails
to request a hearing. The merits of this procedure continue to be a topic of discussion
among the Superior Court Judges. Presently, there is some concern whether NICS requires
each Petition For a Protection Order to be set for hearing.

The Respondent and Petitioner are ordered to report to the Judge’s
Office. The Respondent and Petitioner are generally separated when they come to court.
Until the hearing starts, the Petitioner waits in the Judge’s Office & the
Respondent waits outside the Judge’s Office.

The Court staff will ask the Petitioner whether she still wants a
Protection Order and ask the Respondent whether he objects to the Protection Order. If no
controversy exists, the matter is administratively resolved and both parties are presented
with the appropriate paperwork. When appropriate or upon request, the Judge may speak with
both parties to ensure that they understand the seriousness of the Protection Order
proceeding & the consequence of a violation.

If a matter is contested, then a hearing is held - in the Courtroom,
Jury Room, or the Chambers of the Judge, depending upon available space. Most, if not all,
Judges prefer to hold the hearings in the Courtroom.

If either side, or the Judge, requests the presence of a uniform Deputy
Sheriff, every effort is made to secure the presence of a uniform Deputy Sheriff. In
almost every case this is achieved.

Both sides have a fair opportunity to testify under oath as to the
facts which are relevant to whether a Protection Order should or should not be granted by
the Court, and for what period of time. Each party has the right to cross-examine the
other party. Other issues may also be resolved at the hearing, e.g. return of property to
rightful owner, appropriate child visitation arrangements, etc.

No, but you have the right to do so.

If there is no legitimate reason why you are unable to appear at the
hearing, the court will dismiss your Petition, without prejudice. "Without
prejudice" means you may re-file at a later date.

If there is a legitimate reason why you are unable to appear at the
hearing, the court may change the hearing date to another date more convenient to both
parties. Continuances are not favored because the Respondent must again be lawfully
notified of the new hearing date. The Respondent may have moved, resulting in a failure of
required notice and the inability of the Court to grant deserved relief until the
Respondent is lawfully notified of the subsequent hearing date.

If the other party does not appear at the hearing, and has been
served with sufficient legal process (notice of the hearing), the court will hold the
hearing in the absence of the other party. If the evidence (facts of your case) warrant, a
Protection Order will be granted. If a Protection Order is granted, a copy will be handed
to the party appearing at the hearing and a copy of the Protection Order will be mailed to
the party who failed to appear at the hearing.

Yes.

It is your responsibility to obtain a Subpoena from the Clerk, fill it
out and provide sufficient information to enable the Sheriff to properly serve the
Subpoena upon the person being subpoenaed. The Clerk will deliver the Subpoena to the
Sheriff for service. Generally, three (3) copies of the Subpoena will be required. There
are two (2) types of subpoenas: (a.) a subpoena requesting a person to appear at the
hearing is simply called a Subpoena, (b) a subpoena requesting a person to bring papers or
records to the hearing is called a Subpoena Dues Tecum, and must adequately describe the
papers or records. A person properly served with a subpoena must obey the subpoena.

Some Judges require you to obtain a motion to dismiss from the
Clerk’s Office, fill it out and present the motion (along with picture
identification) to the Judge who issued the Protection Order.

Other Judges require you to appear, in person with picture
identification, in the Judge’s office and fill out a paper stating that you wish to
dismiss the Protection Order. The court will provide the appropriate paper work and fill
it out for your signature.

The motion to dismiss is filed and the Court issues an order dismissing
the Protection Order. The Order is signed by the Judge. You will be given a copy of the
papers and a copy of the papers will be mailed to the Respondent by the Court. The Order
dismissing the Protection Order is also sent to the appropriate law enforcement agencies
so they can update their records.

You may be asked questions which are relevant to whether there are
sufficient legal grounds which justify the grant or denial of a Protection Order, as well
as any other relief that might be requested or appropriate for the court to consider in
fashioning a Protection Order.

Questions simply designed to harass or embarrass you regarding matters
not relevant to the requested relief are not permitted.

Generally, the questions pertain to what, when, where and how the
conduct justifying the relief occurred.

The questions should be relevant to whether you have been a victim of
domestic or family violence, or a sex offense, or stalking.

Generally, you should give an honest, full and complete answer to any
question. Your answer should be based on facts personally known to you, and not
speculation or conjecture. Depending on the question or the type relief requested, you may
sometimes be allowed to express an opinion, e.g. whether you felt threatened, harassed,
terrorized, frightened, or intimidated.

You should make a mental or written note of the information. When it
becomes your turn to directly testify, you should state that information factually. Also,
after questioning of you ends, you should ask the Judge for permission to supplement or
add to your testimony.

Yes. Sometimes it will be obvious to the Judge that the question is
objectionable, in which event your objection will be sustained (granted). In other
instances, the Judge may ask you to explain why you are making the objection. The Judge
may allow both sides to comment, then decide whether to sustain (grant) or overrule (deny)
the objection.

Any person you think might be helpful to your side of the case,
including the other party. Any person you think might be helpful to disprove or contradict
information provided by the other party or any witness who testified in favor of the other
party.

Offering to take a lie detector test. Telling or asking the Judge to
check records not introduced into evidence at the hearing. Telling or asking the Judge to
phone or consult with persons who are not present at the hearing. Conclusions or
conjecture not supported by any evidence. Questions which are not really questions, but
are actually declarations or simply argumentative. Rumor or hearsay (information stated by
someone, other than the other party, who is not present in court and subject to cross
examination by the other party).

Questions designed to elicit relevant, factual information to establish
that you are a victim of: domestic or family violence, a sex offense, or stalking -
committed by the Respondent.

When asking questions of your own witnesses, your questions should not
contain the answer. That would be a "leading question," which is less persuasive
and is objectionable. However, you are permitted to ask leading questions of the adverse
party (Respondent) and hostile witnesses. Generally, you should avoid questions which are
actually declarations or simply argumentative. Questions which call for an answer
containing rumor or hearsay (information stated by someone, other than the other party,
who is not present in court and subject to cross examination by the other party) are
objectionable.

When you think you have presented all the information which is relevant
to the relief you have requested, you have probably asked enough questions. The Judge may
ask questions to supplement your questions, if the Judge wants more information or to
clarify some issue.

Say on point. Avoid questions that are not relevant to the issue of
whether you are a victim of: domestic or family violence, a sex offense, or stalking -
committed by the Respondent.

You may have to do nothing if the Judge overrules (denies) the
objection. If your question is unclear, the Judge will probably ask you the purpose of
your question and you will be able to explain why you think your question is proper. The
Judge may ask you to rephrase your question - ask it a different way. Even if the Judge
sustains (grants) the objection without explanation or guidance, you may be able to
rephrase your question - ask it a different way. If you do rephrase your question and
another objection to that question is sustained, it is probably appropriate for you to
move on to another topic.

Yes. You should also be prepared to explain the reason for your
objection, if asked by the Judge.

Yes. Keep in mind that cross-examination is your opportunity TO ASK
QUESTIONS, NOT TO TESTIFY.

First, either party has the right to return to the court that entered
the visitation order, and ask that it be modified.

This question assumes that the Protection Order expressly provides that
court ordered child visitation is an exception to the no contact provisions of the
Protection Order.

Either parent may be accompanied by a neutral third party who could
later explain (testify) as to the events occurring (or not occurring) during the exchange.

It is generally unnecessary, and often ill advised, for either party to
enter the home or vehicle of the other party, even if requested. Unauthorized entry into
the other party’s home or vehicle by the Respondent will be a violation of the
Protection Order.

When a Protection Order is in place, the best exchange (depending on
the age of the children) would be for the parents to remain in their vehicle or home and
watch the children enter the home/vehicle. Infants can be exchanged at the front door or
at the vehicle.

In any event, conversation should be strictly limited to necessary
information concerning the children. Contact between the parties must be limited and
civil.

The person who has been granted a Protection Order does not violate the
order by contacting the other party or going within the presence of the other party. In
short, conduct initiated by the Petitioner will not constitute a violation of the Order.
Only conduct on the part of the Respondent constitutes a violation of the Order. Taunting
conduct on the part of the Petitioner may complicate the enforceability of the Order or
mitigate the violation.

If the Protection Order expressly states that the Respondent must
remain a certain distance from the Petitioner, then a knowing failure to maintain that
distance will constitute a violation of the Order.

If a Respondent is excluded from the residence of a Petitioner or
ordered to stay away from a Petitioner, an invitation by the Petitioner to violate any
such provision, does not waive or nullify the Order. (I.C. 34-26-5-11.) The Respondent may
be arrested and prosecuted for "invited violations."

Only the employer may file a Petition for a Workplace Violence
Restraining Order. The employee may not file. The employer does not need permission from
the employee to file.

Not necessarily. The employer has the right to compel the victim’s
presence by causing the victim to be subpoenaed to attend and testify. The Respondent also
has the right to compel the victim’s presence by causing the victim to be subpoenaed
to attend and testify.

The WVRO covers the business workplace and may also cover the employee
at work and elsewhere.

A WVRO may be granted for any period not to exceed of three (3) years.
Not more than 3 months before the expiration of the WVRO, the employer may apply for a
renewal of the WVRO by filing a new petition.

Yes, but the WVRO statute lacks clarity on this issue. The WVRO statute
may be found at I.C. 34-26-6.

I.C. 34-26-6-7 states that a plaintiff may obtain a temporary
restraining order under section 6 [IC 34-26-6-6] of this chapter by filing a petition for
an injunction if the plaintiff:

   (1) files an affidavit that shows, to the
satisfaction of the court, reasonable proof that an employee has suffered unlawful
violence or a credible threat of violence by the defendant; and

   (2) demonstrates that great or irreparable harm
has been suffered by the employee or will be suffered by the employee.

I.C. 34-26-6-2 defines "credible threat of violence" to mean
"a knowing and willful statement or course of conduct that does not serve a
legitimate purpose and that causes a reasonable person to fear for the person’s safety or
for the safety of the person’s immediate family.

If the judge finds by clear and convincing evidence that the defendant
engaged in unlawful violence or made a credible threat of violence, the judge shall issue
an injunction prohibiting further unlawful violence or credible threats of violence.

I.C. 34-26-6-13 provides:

   (a) The division of state court administration
shall develop forms, instructions, and rules for the scheduling of hearings and other
procedures under this chapter. A party to an action under this chapter must use the forms
developed by the division of state court administration.

(b) A temporary restraining order or an injunction issued for
harassment or domestic or family violence under this chapter must be issued on forms
adopted and approved by the division of state court administration and must be consistent
with IC 34-26-5-3. However, an order or injunction issued under this section is not
rendered unenforceable solely because it is not issued on forms adopted and approved by
the division of state court administration.

(c) Information in a temporary restraining order or an injunction
relating to harassment or domestic or family violence must be transmitted to the Indiana
data and communication system (IDACS) as required under IC 34-26-5-18.

The import of this statutory language, as well as the forms developed
by the Division of State Court Administration, would suggest that the employee, as well as
the employee’s immediate family, may be protected by an injunction prohibiting
further unlawful violence or credible threats of violence.

The Division of State Court Administration has developed these forms,
instructions, and rules as required by statute. (I.C. 34-26-6-13.)

The forms and all the information required as a part of the paperwork
may be reviewed at the following website:

Yes.

If the judge finds by clear and convincing evidence that the defendant
engaged in unlawful violence or made a credible threat of violence, the judge shall
issue an injunction prohibiting further unlawful violence or credible threats of violence.

I.C. 34-26-6-2 defines "credible threat of violence"
to mean "a knowing and willful statement or course of conduct that does not
serve a legitimate purpose and that causes a reasonable person to fear for the person’s
safety or for the safety of the person’s immediate family.

I.C. 34-26-6-1 defines "course of conduct" to mean a
pattern of conduct composed of a series of acts over a period of time, however short,
indicating a continuity of purpose, that includes the following:

   (1) Following or stalking an employee to
or from the employee’s place of work.

   (2) Entering the employee’s place of work.

   (3) Following an employee during the employee’s
hours of employment.

   (4) Making telephone calls to an employee during
the employee’s hours of employment.

   (5) Sending correspondence to an employee by
means such as public or private mail, interoffice mail, fax, or electronic mail.

Answers by Vanderburgh County Clerk’s Office

What specific information needs to be provided concerning the WVRO?

Answers by the Vanderburgh County Prosecutor’s Office

What is a Protection Order violation?

Who do I report a violation to?

Can I be charged with violating my own Protection Order?

What will be expected of me if the respondent is charged with Invasion of Privacy?

If several violations of my Protection Order occur, will a stalking charge be filed?

When is a No-Contact Order issued?

What do I do if it is violated? Who do I report this to?

How long will the No-Contact Order last?

Questions for The Honorable Judges and Magistrates of
Vanderburgh County

Hearings:

Why is a Protection Order hearing necessary?

As a procedural safeguard against lack of notice.

To insure the respondent was served with process, so he has an
opportunity to be heard, To insure the respondent was served with process, so the
petitioner can be sure the Order once granted is valid and enforceable.

To determine if grounds exist to issue the order.

To determine which parties do not wish the order to become permanent -
to determine those who reconcile or change their minds.

What takes place at a Protection Order hearing?

Testimony and evidence is presented by both petitioner and respondent.

Must I hire an attorney to represent me at my Protection Order
hearing?

No.

What happens if I cannot appear at the hearing?

If the petitioner does not appear at the hearing, the Protection Order
will be dissolved or dismissed.

What if the other party does not appear?

If the respondent does not appear at the hearing, and if there was good
service (notice) to the respondent, respondent will be defaulted. If petitioner proves the
elements necessary, the Order will be issued.

Can witnesses or records be subpoenaed for my Protection Order
hearing?

Yes

How do I do that if I am unrepresented?

Go to the County Clerk with the complete name and address of the person
you wish subpoenaed, and a complete name and address of the keeper of the records as well
as a detailed description of the records, and the Clerk will give you the form to fill
out. There may be a cost associated with obtaining certain records.

What steps do I take to dismiss the Protection Order?

File a Verified Motion for Dismissal. Forms are available from the
Clerk’s office or on the Access Indiana website.

Answering Questions:

What kinds of questions are the judge / attorney / other party
permitted to ask me?

Factual questions relevant to the issue of whether the protection order
should be granted, which is whether domestic or family violence or stalking has occurred.

What kind of / How much information should I give when I answer?

Limit your answer to facts of which you have personal knowledge and
which prove that family or domestic violence or stalking has occurred. Pictures, police
reports, and medical reports are very helpful in proving what occurred. The Judge will not
obtain a police report or a medical report for you after the hearing. You must bring it
with you to the hearing.

What should I do if I am not asked a question of which I know the
answer would provide significant information?

Politely ask the Judge if you may give additional testimony. This is
your opportunity to present your case. Be sure the Judge knows everything you want the
Judge to know. After the protection order is denied, it will be too late to tell the Judge
that you left something important out.

Do I have the right to object to a question asked of me?

Yes.

Selecting Witnesses:

Whom am I allowed to call as a witness?

A person with first hand knowledge of the relevant facts about your
case. Bring your witnesses with you in order for them to testify. Letters or notes that
they write to the Judge are not admissible. The Judge will not call your witnesses on the
telephone to see what they have to say, and you will not be allowed to bring the witness
in after the hearing is over.

What information can witnesses give that would help my case?

First hand knowledge of relevant facts about your case.

What information can witnesses give that would be ineffective or
irrelevant?

Answers to leading questions which suggest the "right"
answer. Drawing conclusions rather than stating facts. Guessing or speculation. Hearsay,
which is what someone (other than the petitioner or the respondent) said unless that
someone is there as a witness. Things the respondent did to other people. Evidence of good
character of the respondent.

Asking Questions:

What kinds of questions am I allowed to ask?

Open ended questions. Questions that call for factual answers.
Questions which the witness can answer from first hand knowledge.

Is there a certain way I must pose the questions?

Who, What, When, Where, Why, and How are always good to use.

When you have established the factual reasons why the protection order
should be issued. When you have proven that domestic or family violence or stalking has
occurred. In general, the Courts do not have a long period of time available for these
hearings. Be sure you have made all your key points. Summarizing the key events is
helpful. Try to be very brief and to the point. Try to limit your testimony and witness
testimony to five minutes each.

What do I do if the other party / attorney objects to questions I
pose?

Stop talking, do not answer the questions, and wait for the Judge to
rule.

Do I have the right to object to a question asked of my witness(es)?

Yes. If you have an attorney, the attorney will be the one to object.

Do I get a chance to cross-examine?

Yes.

General:

What are the rights of petitioners and respondents when parenting
time is involved and exchangepoints are the parties’ homes, not neutral locations?

If a protection order shows that court ordered visitation is an
exception to the order, it is expected that the parties will accomplish the peaceful
exchange of the child at the beginning and ending of each parenting time. Pursuant to the
Indiana Parenting Time Guidelines, a parent may not enter the residence of the other,
except by express invitation, regardless of whether a parent retains a property interest
in the residence of the other. Accordingly, the child shall be picked up at the front
entrance of the appropriate residence unless the parents agree otherwise. The person
delivering the child shall not leave until the child is safely inside. It is important
that law enforcement officers take reasonable efforts to enforce parenting time orders.
Court remedies to violations of parenting time orders are often inadequate.

Does the victim need to keep a certain distance away from respondent
and vice versa when any of these orders are issued?

Generally, no. If there is such a requirement the protection order will
specifically state such.

If victim is granted a temporary Protection Order and has asked for
possession of the home, can victim claim that possession immediately, or does (s)he have
to wait for the final hearing? Same with parenting time?

Under the state law, possession and parenting time may be granted and
claimed/exercised immediately. By local rule and custom, the victim must wait for the
final hearing for such a request to be granted.

On WVROs:

Who files a WVRO?

The employer

Does the victim need to attend the court hearing for a WVRO?

No

Does the WVRO cover the victim only at work? Or does it cover just
the business?

No. No.

How long does a WVRO last?

3 years

Can employer file a WVRO on behalf of employee’s children (are
children covered in the order)?

Yes

What specific information needs to be provided concerning the WVRO?
(Examples: date of birth, SSN, address for service)?

You as a representative are qualified to act on behalf of the employer.

You tried to give the respondent or his attorney notice of this action

You served the respondent personally

You have actual knowledge of the acts of violence or credible threats
of violence, or you have signed affidavits of those with personal knowledge

The full name and address of the employer, the representative, and the
employee.

That the employee was not acting as part of a labor dispute or
otherwise protected constitutional conduct.

Is a WVRO appropriate to file in cases whereby the victim and
perpetrator do not have a relationship (Example: Stalking)?

Yes

Questions for the Vanderburgh County Clerk:

How long will it take for respondent to be served a copy of the
Protection Order?

There is not an exact answer. If served by Sheriff, service may occur
as quickly as in one or two days, or may take up to 7 to 10 days. If served by Certified
Mail, it may take up to thirty days or more for the return receipt to come back.

How do I know respondent is served the Protection Order?

Go to the court hearing, or

Call the County Clerk and ask them, or

Come to the Clerks office and ask to see the file or check the public
Courtview computer.

How is respondent served with Protection Order?

The Sheriff may serve the Order personally (personal service), or the
Sheriff may serve the respondent by leaving a copy at the respondent’s address and
then also sending a copy by regular mail ( copy service), or the U.S. Postal Service may
serve the respondent by delivering the notice by certified mail return receipt requested.

How many copies of my Protection Order will you supply me with?

One. A certified copy, on which the Clerk stamps a certification that
the order is valid, costs One Dollar per page.

Can I make copies of my Protection Order?

Yes. You should keep a copy on your person at all times. The Clerk will
charge One Dollar per page for extra copies. Extra copies can be made more economically at
the library, a grocery store, convenience store, shipping store, or office supply store.

How much does a Protection Order cost?

Under the Violence Against Women’s Act, there is no filing fee.

Does the Clerk’s office have instructions for the Workplace
Violence Restraining Order?

Yes. If you have Internet access you may print the forms off the
Indiana Supreme Court Self Service site at Access Indiana.

Is there a fee to file a Workplace Violence Restraining
Order?

No

What specific information needs to be provided concerning the WVRO?
(Examples: date of birth, SSN, address for service)?

You as a representative are qualified to act on behalf of the employer.

You tried to give the respondent or his attorney notice of this action

You served the respondent personally

You have actual knowledge of the acts of violence or credible threats
of violence, or you have signed affidavits of those with personal knowledge

The full name and address of the employer, the representative, and the
employee.

That the employee was not acting as part of a labor dispute or
otherwise protected constitutional conduct.

Questions for the Vanderburgh County Prosecutor:

What is a Protection Order violation? (please give examples)

Stalking. A crime involving domestic or family violence. Sexual
Assault. Actions that cause physical harm or the fear of physical harm.

Who do I report a violation to?

Call the Evansville City Police or Vanderburgh County Sheriffs
department and ask that a report be filed. Get a copy of the report and take it to the
Vanderburgh County Prosecutors Office and ask that charges be filed.

Can I be charged with violating my own Protection Order?

No.

What will be expected of me if the respondent is charged with
invasion of privacy?

Cooperate with the police or sheriff and prosecutor. Appear in court
and testify.

If several violations of my Protection Order occur, will a stalking
charge be filed?

If the violations meet the definition of stalking under the law, yes.

When is a No-Contact Order issued?

In a criminal matter in misdemeanor or felony court, in a Child in Need
of Services proceeding or a delinquency proceeding in Juvenile Court.

What do I do if it is violated? Who do I report this to?

If a No Contact Order is violated, call the Evansville City Police or
Vanderburgh County Sheriffs department and ask that a report be filed. Get a copy of the
report and take it to the Vanderburgh County Prosecutors Office and ask that charges be
filed.

Will I have documentation of the No-Contact Order?

Yes.

Until the Order is dismissed by the issuing court, the sentencing
occurs in a criminal matter, or the delinquency or CHINS matter is concluded or dismissed,
unless the no contact order is specifically continued as part of the sentencing in a
criminal matter or finding of delinquency in a delinquency matter.

Questions for the Evansville and Vanderburgh County Law
Enforcement:

What is a standard response, if any, concerning Protection Order
violations?

Investigate the complaint, always file a report, and if warranted make
an arrest.

What types of violations should I make a report on?

All. Each and every violation.

Can the petitioner be arrested for "breaking" own order?

No

What sort of evidence do I have to have to report – harassing
phone calls or damaged property?

You need not have independent or physical evidence. The victim’s
word is sufficient. Document or substantiate physical evidence or eye witness evidence if
it exists.

What is the difference between filing charges and filing a report?

The law enforcement officer files a report. The prosecuting attorney
files charges. The report is filed in the record room of the law enforcement agency.
Charges are filed in a court.

What are the rights of petitioners and respondents when parenting
time is involved and exchange points are parties’ homes, not neutral locations?

If a protection order shows that court ordered visitation is an
exception to the order, it is expected that the parties will accomplish the peaceful
exchange of the child at the beginning and ending of each parenting time. Pursuant to the
Indiana Parenting Time Guidelines, a parent may not enter the residence of the other,
except by express invitation, regardless of whether a parent retains a property interest
in the residence of the other. Accordingly, the child shall be picked up at the front
entrance of the appropriate residence unless the parents agree otherwise. The person
delivering the child shall not leave until the child is safely inside. It is important
that law enforcement officers take reasonable efforts to enforce parenting time orders.
Court remedies to violations of parenting time orders are often inadequate.

Does the victim need to keep a certain distance away from respondent
and vice versa when any of these orders are issued?

Generally, no. If there is such a requirement the protection order will
specifically state such.

Is a WVRO appropriate to file in cases whereby the victim and
perpetrator do not have a relationship (Example: Stalking)?

Yes.