Miller Sachs & Hess, PC | Attorneys & Counselors at Law

Call Us To Get Started Today: 219-227-4259

Miller Sachs & Hess, PC | Attorneys & Counselors at Law
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Legal Assistance Regarding Domestic Violence In Northwest Indiana

While many divorce cases are contentious due to disputes over finances or infidelity, some issues may stem from allegations, signs or acts of domestic violence. A Child In Need Of Services (CHINS) proceeding before the Department of Child Services may also arise if your child arrives at school with a bruise.

In Indiana, judges are generally receptive to requests for protective orders (restraining orders), and teachers are on the lookout for signs of violence against children. These issues must be addressed quickly, whether you are charged with a crime of domestic violence or you need to obtain a restraining order to protect yourself or your family during a family law dispute.

Indiana Protective Orders: Ex Parte Relief And What They Cover

When someone is in immediate danger, a judge can issue what is called an ex parte protective order. This means the order can be granted right away, without first notifying the other party or holding a hearing.

An ex parte order typically lasts up to 30 days, or until the court holds a full hearing where the respondent can appear and present their side. If the court grants a final order after that hearing, it can stay in effect for up to two years, and longer in certain cases involving sex offenses.

A protective order can provide real, practical relief:

  • Removal from a shared residence: The respondent can be ordered to leave a shared home and stay away from it, regardless of whose name is on the lease or mortgage.
  • No-contact provisions: The respondent can be barred from contacting the petitioner directly or indirectly, including by phone, text or through other people.
  • Temporary custody and parenting time: The court can address these issues in the order, though a family court will typically revisit custody more fully once a related divorce or custody case is filed.
  • Firearm surrender: The respondent can be required to surrender firearms and ammunition for the duration of the order, and a final order can trigger additional federal firearm restrictions.
  • Stay-away provisions: The order can require the respondent to stay away from the petitioner’s home, workplace, school or other named locations.

Violating a protective order is a crime, even if the protected party initiated contact. Because these orders carry real consequences right away, getting an attorney involved early matters for both sides.

How Domestic Violence Allegations Affect Child Custody And Divorce

Domestic violence allegations do not stay contained to one part of a case. Once raised, they shape how a court handles custody, parenting time and the safety plan for a family for the rest of the proceedings.

Indiana courts must consider evidence of domestic or family violence when deciding what custody arrangement serves a child’s best interests. That can mean supervised parenting time, restrictions on overnight visits or safety conditions built directly into the parenting plan. These allegations can also color how a court views a parent’s credibility and judgment throughout a divorce.

Courts also know that these allegations get exaggerated or used as leverage in a bitter custody fight. That cuts both ways. If you are raising a genuine safety concern or defending against an allegation you believe is false, getting your side of the story in front of the court quickly matters. Delay can mean lost evidence, missed deadlines or time away from your kids that is hard to get back.

Aggressive Lawyers Defending Your Rights

At Miller Sachs & Hess, PC, we understand that emotions can be high while you are obtaining a divorce or separating from your child’s father or mother. If you find yourself a victim of domestic violence during a child custody dispute or at any other time, we will help you obtain a protective order to ensure the safety of you and your children. If you are charged with violating an order or are facing a CHINS matter, we will help defend your rights.

If domestic violence is a concern in your marriage, you owe it to yourself to contact an experienced family law attorney who can help to guide you through this uncertain time. To learn more about what we can do to help you, please call our office to speak with a Crown Point family attorney at 219-227-4259, or fill out and submit our online contact form.