Domestic Violence
How To Take Out An EPO
Victims of domestic or family violence, stalking or a sex offense may request a protective order against the alleged perpetrator, called the Respondent. In the case of domestic violence or family violence, the victim and the Respondent must have a certain type of relationship including: current or former spouses; individuals that have dated or had a sexual relationship; individuals related by blood, adoption, marriage or other established legal relationship; individuals who have a child together or are the child of any type of relationship previously described.
Emergency Protective Order.
An emergency protective order or EPO may be issued ex parte, meaning without a hearing or notice to the Respondent. A hearing must be held within 30 days if there is a request for the following: to evict the Respondent from the victim's home; possession of personal property; to establish r ules for parenting time; to request that the Respondent pay child support or attorney fees; or to forbid the Respondent from possessing a firearm, ammunition or deadly weapon.
Once issued, protective orders normally last for 2 years and can be extended by the Court if necessary. During this time period, the Respondent may be restrained from committing further acts of abuse or threats of abuse to the victim, prohibited from having a gun and/or restrained from any contact with the victim or other protected person or places.
Neither a protective order or an emergency protective order is bullet-proof. That piece of paper cannot save your life! It can, however, empower the authorities to take your partner into police custody if he/she is threatening you or otherwise violating the order. If you are a victim, you should also consider making a domestic violence plan.
If you require a protective order, you should contact the Clerk's office in the county where you live. Click here for the forms you need for filing with the Clerk's office.
Remember, if you are in genuine risk of injury through domestic violence, call 9-1-1.
If you are victim of domestic violence in southern Indiana, our family law attorneys can help you through the legal process. Contact the family law section of Waters, Tyler, Scott, Hofmann & Doane -- (812) 949-1114. Weekend and evening appointments available; major credit cards accepted.
