What Can I Do About a Stepparent Assaulting Me and Violating a Parenting Order?
Full Question:
Answer:
A restraining order may be issued to a person who is a victim of harassment. A restraining order is a court document that is an order signed by a judge. Typically, civil court orders are not published in newspapers, but violations of criminal restraining orders will become part of one's legal record. The restraining order may expire by statute or remain in effect until vacated by the court. The order may or may not be issued ex parte, or without both parties to the order present. In certain cases, a judge may require testimony by both sides before issuing a restraining order.
Please see also:
http://www.law.indiana.edu/pop/law/
Please see the following IN statutes to determine applicability:
IC 34-26-5-2 (a) A person who is or has been a victim of domestic or....
(a) A person who is or has been a victim of domestic or family violence
may file a petition for an order for protection against a:
(1) family or household member who commits an act of domestic or family
violence; or
(2) person who has committed stalking under IC 35-45-10-5 or a sex
offense under IC 35-42-4 against the petitioner.
(b) A parent, a guardian, or another representative may file a petition
for an order for protection on behalf of a child against a:
(1) family or household member who commits an act of domestic or family
violence; or
(2) person who has committed stalking under IC 35-45-10-5 or a sex
offense under IC 35-42-4 against the child.
(c) A court may issue only one (1) order for each respondent. If a
petitioner files a petition against more than one (1) respondent, the court
shall:
(1) assign a new case number; and
(2) maintain a separate court file; for each respondent.
(d) If a petitioner seeks relief against an unemancipated minor, the case
may originate in any court of record and, if it is an emergency matter, be
processed the same as an ex parte petition. When a hearing is set, the
matter may be transferred to a court with juvenile jurisdiction.
IC 34-26-5-4 (a) Any court of record has jurisdiction to issue a civil....
(a) Any court of record has jurisdiction to issue a civil order for
protection.
(b) A petition for an order for protection must be filed in the county in
which the:
(1) petitioner currently or temporarily resides;
(2) respondent resides; or
(3) domestic or family violence occurred.
(c) There is no minimum residency requirement to petition for an order
for protection.
IC 31-9-2-29.5 "Crime involving domestic or family violence" means . . .
"Crime involving domestic or family violence" means a crime that occurs
when a family or household member commits, attempts to commit, or conspires
to commit any of the following against another family or household member:
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) A sex offense under IC 35-42-4.
(5) Robbery under IC 35-42-5.
(6) Arson or mischief under IC 35-43-1.
(7) Burglary or trespass under IC 35-43-2.
(8) Disorderly conduct under IC 35-45-1.
(9) Intimidation or harassment under IC 35-45-2.
(10) Voyeurism under IC 35-45-4.
(11) Stalking under IC 35-45-10.
(12) An offense against the family under IC 35-46-1-2 through
IC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
(13) Human and sexual trafficking crimes under IC 35-42-3.5.
(14) A crime involving animal cruelty and a family or household member
under IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
IC 31-9-2-44.5 (a) An individual is a "family or household member" of . . .
(a) An individual is a "family or household member" of another person if
the individual:
(1) is a current or former spouse of the other person;
(2) is dating or has dated the other person;
(3) is engaged or was engaged in a sexual relationship with the other
person;
(4) is related by blood or adoption to the other person;
(5) is or was related by marriage to the other person;
(6) has or previously had an established legal relationship:
(A) as a guardian of the other person;
(B) as a ward of the other person;
(C) as a custodian of the other person;
(D) as a foster parent of the other person; or
(E) in a capacity with respect to the other person similar to those
listed in clauses (A) through (D); or
(7) has a child in common with the other person.
(b) An individual is a "family or household member" of both persons to
whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7)
applies if the individual is a minor child of one (1) of the persons.
IC 31-17-2-21.7 (a) The court shall consider requiring security, a
bond, . . .
(a) The court shall consider requiring security, a bond, or another
guarantee under section 21.5 of this chapter if the court makes a finding
under subdivision (1), (2), (4), or (7) by clear and convincing evidence.
If the court makes a finding under subdivision (1), (2), (4), or (7), the
court shall also consider subdivisions (3), (5), (6), (8), and (9) in
determining the amount of security, bond, or other guarantee. In making a
determination under this section, the court shall consider the following:
(1) Whether a party has previously taken a child out of Indiana or
another state in violation of a custody, parenting time, or visitation
order.
(2) Whether a party has previously threatened to take a child out of
Indiana or another state in violation of a custody, parenting time, or
visitation order.
(3) Whether a party has strong ties to Indiana.
(4) Whether a party:
(A) is a citizen of another country;
(B) has strong emotional or cultural ties to the other country; and
(C) has indicated or threatened to take a child out of Indiana to the
other country.
(5) Whether a party has friends or family living outside Indiana.
(6) Whether a party does not have a financial reason to stay in Indiana,
such as whether the party is unemployed, able to work anywhere, or is
financially independent.
(7) Whether a party has engaged in planning that would facilitate removal
from Indiana, such as quitting a job, selling the party's primary
residence, terminating a lease, closing an account, liquidating other
assets, hiding or destroying documents, applying for a passport, applying
for a birth certificate, or applying for school or medical records.
(8) Whether a party has a history of marital instability, a lack of
parental cooperation, domestic violence, or child abuse.
(9) Whether a party has a criminal record. After considering evidence,
the court shall issue a written determination of security, bond, or other
written guarantee supported by findings of fact and conclusions of law.
(b) If a motion for change of judge or change of venue is filed, the
court may, before a determination of change of judge or change of venue,
consider security, bond, or other guarantee under this chapter.