Restraining Orders

There are two types of protection orders against stalking and/or threats:

1. ex parte temporary orders; and
2. final protection orders.

Ex parte temporary orders

The judge can give you an ex parte temporary order if the judge believes that:

1. harm could result unless you get an order immediately without prior notice to the abuser; and
2. the abuser intentionally committed stalking, malicious harassment, or telephone harassment against you.¹

Ex parte means the abuser is not there and does not know about the order in advance. If you get an ex parte temporary order, it will last up to 14 days. Your hearing for a final order will be scheduled to take place within those 14 days. The judge can reissue your ex parte order if there is a good reason (“good cause”) to do so - for example, if the abuser cannot be served with the ex parte order before the next court date. If the abuser wants the judge to shorten the time before your order expires, s/he must file a motion. You must be served with that motion two days before a hearing on the motion.²

Final protection orders

The judge can give a final protection order after a court hearing. At the hearing, you and the abuser are both allowed to present evidence, testimony, and witnesses. To grant you the final order, the judge must believe that:

1. you were the victim of malicious harassment, stalking, or telephone harassment within the 90 days before you filed your petition; and
2. the abuser would likely do these things to you again in the future.³

A final protection order can be issued for up to one year. It can be renewed for good cause.⁴ See How do I renew, change, or dismiss a protection order against stalking and/or threats?

¹ I.C. § 18-7908(1)
² I.C. § 18-7908(4)
³ I.C. § 18-7907(4)
⁴ I.C. § 18-7907(7)