|Order of Protection|
ORDERS OF PROTECTION
As of July 1, 2002, the legislature passed House Enrolled Act 1232 pertaining to Protection Orders. This new Act contains five significant concepts that have fundamentally changed Indiana Laws concerning domestic violence and protective orders.
These concepts are:
This Bill will not lessen law enforcement immunity, and it will not change the fee waiver mandated by Federal Law.
What is the definition of Domestic or Family Violence?
Domestic or Family Violence means except for the act of self defense, the occurrence of at least one of the following acts committed by a family member or household member:
1. Attempting to cause, threaten to cause, or causing physical harm to another family or household member.
Who can file?
7. A person who has a child in common and
8. A minor child of a person in a relationship described above.
If you fit any of the descriptions described in the Family and Household Violence definitions, you may qualify for a Protection Order.
As stated previously, Federal Law mandates that no Protection Order for abuse shall require a filing fee.
How do I File?
If you have found yourself in the need of a Civil Protection Order and you are a resident of Newton County, you will need to go to the Newton County Circuit Court Clerks Office and fill out the paperwork necessary. You must have the persons, who you are filing against, physical address. The Sheriff cannot serve the Protection Order without a good address. In most cases you and the person you have filed against will have to be heard before the judge in a Court Hearing. YOU MUST ATTEND THIS HEARING or the Protection Order can be dismissed.
Q & A
How long will the order remain in effect?
The new act has made Protective Orders effective for two (2) years from the date of the order unless specified differently by the judge presiding the case.
Can I file because I am having problems with my unrelated neighbor?
No. All community problems should be addressed to the Prosecuting Attorneys Office as they will make the determination of whether the act is criminal or whether a civil claim action should be taken.
If you have more questions or concerns please contact The Newton County Clerks Office at
Janice M Wilson, Clerk
Newton Circuit & Superior Courts
201 N Third Street
PO Box 49
Kentland, Indiana 47951
Office Hours: 8:00 a.m. . 4:00 p.m
Monday thru Friday