Protective Order questions [INDIANA]

[xCloudx]

I'm in Porter County Indiana. I'm not going to go strictly into details as I have just a few basic questions. Also, sorry if this is the wrong forum, I wasn't sure where to put it.

My ex-gf filed a protective order on me last year around April 2012. Not sure on the exact date. I probably deserved it, although I was completely honest with a lawyer about what happened and she told me that I could easily fight it and have it taken off (no domestic violence or anything, just harassment is what they claimed). I found out that to fight it I'd have to be in the same court room as her and I have awful anxiety and severe panic attacks whenever I see or think about her so I figured it wouldn't be worth it. I'm actually shaking just typing this out. I was told the order expired in December of 2013. I just had a couple of questions about the protective orders in general. Can't seem to find my answers online. So I'll get right to it.

I'm starting to kind of want a shotgun for home protection. I was told I wasn't allowed to own a gun. Is that owning period or just carrying? Basically, can I keep one in the house?

Once the order expires, can they renew it AND if they do, can I choose to fight it then? I'm wondering if I get a better lawyer who actually talks to my psychiatrist if we can get it thrown out without me having to be in the same room as her. Because I'll break down pretty bad and that could be really humiliating.

The last one is puzzling me. I went to

https://mycourts.in.gov/porp

which is supposed to let you search protective orders and I can't find mine anywhere. I searched using my last name and her last name. Nothing's coming up at all. Why would that be? Should I call the county clerk to see what's going on? I don't have the case number anymore, it's buried somewhere at my parents house.

Any and all help is appreciated. I'm just trying to learn more about what's going on. I never really cared until recently and I learned about the gun thing. I can wait til it expires, I just don't feel like wasting a trip to the store if they're just going to tell me I can't have one. And I'd like to know if this is going to be a recurring thing.

 

[xCloudx]

Sorry for the double post but I just wanted this to be noticed. I just found it on the website. Interesting things on it. For one they spelled my last name wrong. Does that invalidate it or anything? It's one letter off. Not a typo either, just a common misspelling.
All it says is this:

In the Porter Superior Court 1, Porter County, Indiana
Case No. xxxxx-xxxxx-xx-xxxxxx
A Protective Order has been filed against:
[MY NAME]
Respondent
City: [MY TOWN]
Born: 1991
Order issued on:
12/30/2011
Respondent has not yet been served

It also mentions this on the side as a disclaimer but I'm not sure what it means.

Handgun Prohibition

If a record indicates that the court has not ordered a respondent prohibited from carrying a firearm, that does not mean the individual can legally carry a firearm. Indiana state laws regarding gun ownership still apply, and other cases or circumstances may exist that prohibit a respondent from carrying a firearm.

Again, any help would be appreciated.

 

[single317dad]

I'm in Porter County Indiana. I'm not going to go strictly into details as I have just a few basic questions. Also, sorry if this is the wrong forum, I wasn't sure where to put it.

My ex-gf filed a protective order on me last year around April 2012. Not sure on the exact date. I probably deserved it, although I was completely honest with a lawyer about what happened and she told me that I could easily fight it and have it taken off (no domestic violence or anything, just harassment is what they claimed). I found out that to fight it I'd have to be in the same court room as her and I have awful anxiety and severe panic attacks whenever I see or think about her so I figured it wouldn't be worth it. I'm actually shaking just typing this out. I was told the order expired in December of 2013. I just had a couple of questions about the protective orders in general. Can't seem to find my answers online. So I'll get right to it.

Glad to see you're getting treatment for that. You're going to have to appear for a hearing to get the order dismissed, and if she appears as well, you'll have to be there with her. Be prepared for that.

I'm starting to kind of want a shotgun for home protection. I was told I wasn't allowed to own a gun. Is that owning period or just carrying? Basically, can I keep one in the house?

Older Indiana boilerplate protective orders had a checkbox for whether respondent (you) was restricted from firearm ownership while the order was in effect. The newer version of PO-0112 now does away with that checkbox in favor of this statement regarding Federal law:

Pursuant to 18 U.S.C. 922(g), once a respondent has received notice of this
order and an opportunity to be heard, it is a federal violation to purchase, receive,
or possess a firearm while subject to this order if the protected person is:
(a) the respondent’s current or former spouse;
(b) a current or former person with whom the respondent resided while in
an intimate relationship; or
(c) a person with whom the respondent has a child.

If you lived with the GF or have a child together, then no gun for you. Regarding the disclaimer on the website, it just hasn't been updated to reflect the new forms yet.

Once the order expires, can they renew it AND if they do, can I choose to fight it then? I'm wondering if I get a better lawyer who actually talks to my psychiatrist if we can get it thrown out without me having to be in the same room as her. Because I'll break down pretty bad and that could be really humiliating.

It's not a renewal; each new order is a new action. Yes, she can do that every two years if she still feels you are a threat.

The last one is puzzling me. I went to

which is supposed to let you search protective orders and I can't find mine anywhere. I searched using my last name and her last name. Nothing's coming up at all. Why would that be? Should I call the county clerk to see what's going on? I don't have the case number anymore, it's buried somewhere at my parents house.

Any and all help is appreciated. I'm just trying to learn more about what's going on. I never really cared until recently and I learned about the gun thing. I can wait til it expires, I just don't feel like wasting a trip to the store if they're just going to tell me I can't have one. And I'd like to know if this is going to be a recurring thing.

Per your next post, you've obviously found the entry on the website now, and you're clearly aware of the order. No, the misspelling of your name will not matter. Don't try any "slick moves" to get around this. It's a real order, it's in effect now, and if you don't show up to court and contest it, it's in effect for two years.

You need to get yourself together and contest this order. Having a protective order against you is no small matter. You can accidentally violate the order, and you can easily be imprisoned for that. That, I would think, would be much more stressful than a court hearing.

 

[xCloudx]

I was told that it was already to late to contest the order as I only had a certain amount of time to do so. It's been over a year since I've known about it. Just didn't feel like I wanted to do anything about it.

Also, this is important. No child at all with her. And we never lived together. Period. She spent the night at my parent's house a few times, that was it. We started dating in high school, and we only dated for a year and 9 months. We were both still living with our parents during the entirety of the relationship. Again, can I fight this part of the order? I have no idea how they filed it or whatever. But that is how our relationship was. I was over at her place a lot and she at mine, but we never lived together.

 

[justalayman]

was there any prosecution of any crime concerning this issue?

I was told the order expired in December of 2013.

I'm sure it was a typo but just in case:

WILL expire in Dec 2013. That date has yet to come.

And I'd like to know if this is going to be a recurring thing.

is what going to be a reoccurring thing?

 

[xCloudx]

was there any prosecution of any crime concerning this issue?

I'm sure it was a typo but just in case:

WILL expire in Dec 2013. That date has yet to come.

is what going to be a reoccurring thing?

It was a typo, sorry.

No prosecution of any kind.

And I was just wondering if the restraining order was going to be renewed once it expires, but that question was already answered. Right now, I'm just wondering that since I didn't live with her and have no child with her, am I allowed to purchase a gun.

 

[justalayman]

I do not see any issue with the federal law, at least after it expires. Depending on exactly what is in the order, it may not even precluded the ownership of a firearm now.

(8) who is subject to a court order that -

(A) was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
participate;

(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily
injury to the partner or child; and

(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or

(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or

If (i) or (ii) does not apply, then there is no restriction. The verbiage may be included in all orders though. It seems singledad has a good handle on the Indiana part so maybe he will address it.

 

[single317dad]

I was told that it was already to late to contest the order as I only had a certain amount of time to do so. It's been over a year since I've known about it. Just didn't feel like I wanted to do anything about it.

Indeed, you only have 30 days to contest the protective order. That ship has sailed, so you're on the hook until the termination date.

Regarding that, it's common that protective orders don't get automatically removed from the system on or near their termination dates. File a motion with the court that issued the order a few days after the date, and ask that the order be terminated. Otherwise, it's quite possible that law enforcement will show an active order in their computers indefinitely.

Also, this is important. No child at all with her. And we never lived together. Period. She spent the night at my parent's house a few times, that was it. We started dating in high school, and we only dated for a year and 9 months. We were both still living with our parents during the entirety of the relationship. Again, can I fight this part of the order? I have no idea how they filed it or whatever. But that is how our relationship was. I was over at her place a lot and she at mine, but we never lived together.

Based on that information, I do not believe the firearm restriction applies to you, however, you should get your order out and check it closely. The end of 2011 was when they changed the forms, so you may have the old one, which would have a checkbox that noted whether or not you were restricted from owning or possessing a firearm. It's likely that box is not checked, as it specifically mentioned "under Brady" which doesn't qualify, but you would be best off knowing for sure. If you no longer have the order, contact your local courthouse clerk or records and get a copy.

 

[single317dad]

I do not see any issue with the federal law, at least after it expires. Depending on exactly what is in the order, it may not even precluded the ownership of a firearm now.

If (i) or (ii) does not apply, then there is no restriction. The verbiage may be included in all orders though. It seems singledad has a good handle on the Indiana part so maybe he will address it.

The verbiage as applied by Indiana is on all orders, at least the boilerplate ones (which is the only type I've ever seen, as it provides for most any circumstance). Interesting that they changed the wording from the federal law, and in effect broke it by changing it. Read literally, the federal code applies to all intimate partners, while the Indiana version limits that to those that cohabitated.

Either way, OP would do himself a favor by reading his own order carefully.