Prosecutor

If a divorce is pending, the application for the protective order should be applied for by the petitioner, and evaluated by the judge, in the court in which the divorce is pending.

It is difficult to track down and enforce against such an irresponsible parent. However, it is not impossible. We use all means possible to get that person into court on a contempt citation. The courts can punish a payor for contempt in various ways, including incarceration. When punishments are ordered, we often see the payor change his attitude. They may even start taking a greater interest in their child(ren) when they accept the responsibility for assisting with their support.

If an individual violates the protective order, the person who is protected by the order may file for contempt of court (civil proceeding), or seek the filing of criminal charges ranging from Invasion of Privacy to major felony charges, depending on the severity of the offense.

The most recent studies indicate that filing for protective orders actually decreases violence in the overwhelming majority of cases. Although protective orders are extremely helpful in curbing many forms of violence and preliminary stalking behavior, they are not bulletproof shields. Therefore, it is EXTREMELY important that when obtaining a protective order, that a petitioner seek the advice of an advocate regarding safety planning and other resources within the community that will be able to provide assistance, just in case.

Yes, visitation is an entirely different issue than child support. A non-custodial parent can file a contempt citation for refusal of the custodian to permit or arrange visitation, just like a custodial parent can file a contempt citation for non-payment of child support. If you have a good reason for not wanting visitation to occur, you should talk to a private attorney about filing a motion to modify the visitation order.

It depends. The duration period of a protective order is usually two years. However, the judge has the discretion to issue a protective order for as little time or as much time as he or she determines is appropriate. The petitioner can renew the protective order near the time that the order is scheduled to expire. Please note there is a one-month grace period to renew and if more time than this passes the petitioner will have to start the entire application process over again. A protective order may only be renewed one time. After the one renewal, the petitioner may reapply for a new protective order.

You can call or stop by the office and sign a document that will be sent to the State Child Support Bureau. The Prosecutor's Office will then withdraw from your case as an attorney of record. At that time all IV-D services stop. If you need future enforcement of your child support order, you will have to use a private attorney, or reapply for IV-D services.

Upon request, the judge may make additions to a protective order. Depending upon the circumstances involved, the judge may stipulate any of the following:

Eviction of the respondent from a residence shared by the petitioner. Unless the protective order specifically calls for an eviction, it is not an eviction notice. If both are listed on a lease or mortgage, the respondent cannot be evicted until the permanent protective order hearing.

An order may be issued for the Sheriff's Department to accompany the petitioner to the shared residence to collect emergency belongings.

An order may be issued for the respondent to pay child support or maintenance payments to the petitioner if the petitioner and respondent are married and have not filed for divorce.

The petitioner, respondent or both may be required to attend counseling, including domestic violence education.

There is no specific time frame within which the IV-D office will be successful in collecting child support for you. It depends on the circumstances of the non-custodial parent and the information that you are able to provide for the office. If you know of an employer, and there is an existing child support order, it can be a fairly quick process. If you have very little information about the non-custodial parent, we may not be able to locate or enforce your order. We need as much information as possible, including address, social security number, and identifiers, such as height, weight, hair color, eye color, date of birth, and picture (if possible). Also, if the non-custodian has other children, we need to know their approximate ages and whether or not there is a child support order for those children.

Anyone may request a protective order if they have been physically hurt or threatened. A parent or guardian must file on behalf of anyone under 18 years of age as long as he or she lives in the same household. Under certain circumstances, a protective order may be issued against a juvenile. There are no hard and fast rules regarding protective orders against juveniles and it will be up to a judge to decide if one is needed.

Protective orders enable law enforcement agencies to intervene at the earliest indications of threatening, harassing or otherwise violent behavior occurs. Unfortunately, isolated, threatening acts, such as walking in front of an ex-spouse's home at three o'clock in the morning, dressed in black and carrying a knife, or walking up to an ex-girlfriend at her job and stating an intent to kill her, are not offenses which individually constitute crimes in the State of Indiana. Therefore, absent a protective order, if someone were to report such conduct to the police, no legal recourse would be available. However, were such threatening acts to occur in the face of an active protective order prohibiting all contact, abuse and harassment, then law enforcement officers would be able to make an arrest.

Any custodial parent who is receiving TANF benefits (formerly AFDC payments) from the State of Indiana has assigned their child support rights to the State of Indiana, and must cooperate in trying to establish, enforce or modify a child support order for their children. The child support payments in these cases reimburses the State for benefits received by the children. The parent will receive letters and notifications from the child support division concerning their case, and may have to make an appointment to discuss their case. When the custodial parent is no longer receiving TANF benefits, the child support amount for current child support will be directed to him/her.