Restraining Orders

A minor’s parent, legal guardian, or another representative may file the petition for an order for protection on the minor’s behalf against:

• a family or household member who commits an act of domestic or family violence;
• a person who commits stalking or a sex offense against the minor;
• a person who has committed repeated acts of harassment against the minor; or
• a person who engaged in a course of conduct involving repeated or continuing contact with the minor that is intended to prepare or condition the minor for sexual activity.¹

If the order for protection is filed against someone who attends the same school as the minor, the judge will have to determine whether issuing the order for protection may affect the school’s ability to provide in-person instruction to the minor. If the judge believes that it might have such an effect, then the judge cannot issue the order for protection until a notice is provided to the school corporation, by registered mail or certified mail, that includes:

• notice of the petition for the order for protection; and
• the date for the hearing on the petition for the order for protection.²

Once the school receives this notice, the school corporation has three business days to respond to the notice and a representative of the school corporation has the right to testify at the hearing on the petition for the order for protection. If the school doesn’t respond to the notice within the three business days, then the judge can issue the order for protection.²

¹ IC § 34-26-5-2(c)
​² IC § 34-26-5-2(f)