How do I dismiss a protective order in Indiana?
The court will dismiss an Order of Protection if the person who asked for the order wants it to be dismissed. You need to make a written or oral request to the court to ask the court to dismiss the Order of Protection.
What happens if the victim violates the order of protection in Indiana?
In Indiana, according to Indiana Code 35-46-1-15.1 violating a protective order involving a domestic or family violence case is a Class A misdemeanor. If the courts find you guilty, you could face up to a year in county jail and/or a fine of up to $5,000, in addition to probation.
What happens if I appeal a protection order?
If an extended protection order is issued, the adverse party can file an appeal to the district court, and the district court might affirm, modify, or vacate the order. The extended protection order remains in effect during any appeal, unless the court orders otherwise.
What happens if a district court denies a protective order?
If a District Court granted or denied the protective order, then the decision can be appealed to the circuit court in the county where the District Court is located. Appeals to the circuit court are heard de novo (meaning a new trial).
What is the procedure for drafting a memorandum of Appeal?
Where an assessment order is passed under section 143(3) rws 144B or under section 143(3) rws 144A or under section 143(3) rws 147, the memorandum of appeal shall also be accompanied by the two copies of the draft assessment order under section 144B or directions under section 144A or the original assessment order as the case may be.
What can an adverse party do with a protection order?
The adverse party can file a Motion to Modify the protection order, and the court might schedule a hearing on the motion. If an extended protection order is issued, the adverse party can file an appeal to the district court, and the district court might affirm, modify, or vacate the order.
If an extended protection order is issued, the adverse party can file an appeal to the district court, and the district court might affirm, modify, or vacate the order. The extended protection order remains in effect during any appeal, unless the court orders otherwise.
Can a person appeal a restraining order against them?
Judges issue restraining orders to protect victims from alleged potential violence, harassment or stalking from another individual. If someone has applied for a restraining order against you, which you believe is unjust, you have the right to appeal the restraining order in court.
When to appeal an order of a juvenile court?
J. In any case which has been referred or transferred from a circuit court to a juvenile court and an appeal is taken from an order or judgment of the juvenile court, the appeal shall be taken to the circuit court in the same locality as the juvenile court to which the case had been referred or transferred.
If a District Court granted or denied the protective order, then the decision can be appealed to the circuit court in the county where the District Court is located. Appeals to the circuit court are heard de novo (meaning a new trial).