DV and Law Enforcement
Protective Orders, No Contact Orders, and Workplace Violence Restraining Orders – Information for Law Enforcement Officers
What is the difference in enforcing these different orders?
There is none. Enforce them equally.
Are there any of these that only a judge can enforce?
No. Enforce them all.
Can I arrest someone if only the victim tells me the abuser violated the protective order?
Yes. Victim testimony suffices to give probable cause for arrest.
Do I have personal liability if I enforce a protective order?
Absolutely not! Indiana law makes it clear that a law enforcement officer who enforces a protective order in good faith, without malice, has immunity from liability.
What if I don’t enforce the protective order?
Failure to enforce a valid protective order will leave you and your department open to liability.
If the order is valid on its face, you must enforce the order as written. No other verification is required.
What if it was the protected person who initiated contact with the abuser?
Even if the victim initiated contact, you must still enforce the protective order. The fact that the victim initiated contact does not constitute grounds to arrest the victim.
What if the victim does not have a copy of the protective order?
Verify the existence of an order through NCIC, IDACS, by contacting the issuing authority, by drawing upon your personal knowledge, or through the victim’s or the abuser’s statements.
What if the abuser claims no notice or service of a protective order?
- Give the abuser a copy of the protective order.
- Explain the consequences of future violations to the abuser.
- Notify the issuing authority that the abuser received a copy of the protective order.
- Put a notation in the police report that the abuser has received a copy of the protective order, and has been told the consequences.
What if the protective order gives relief not authorized in your jurisdiction?
Enforce the protective order as written.
