Legal Question in Family Law in Indiana

Re: contempt of court?

Generally, if a protective order has been issued it only applys to actual person named as the proteceted party. If it only named you, then it does not extend to any other person. However, if it does name the children, the order can be enforced. Yet, where a divorce is in progress, vistation had been ordered and the protective order was not issued by the court presiding over the divorce, the situation is not as clear.

It may be that you will have to go back to the divorce court asking for some modification of the vistation due to your husband's violent conduct. While refusing visitaion where ordered could subject one to contempt and sanctions, the court would also recognize a duty to protect the children. If your actions were based on that and were viewed as reasonable, then it's not likely would be held in contempt. It is also unlikely you would be thrown in jail unless this were the third or fourth time you had disobeyed the visitation order without good reason.

Your mother could ask the prosecutor to charge him with criminal trespass or any other charge which may be appropriate after a full review of the facts have been made.

You may wish to discuss your concerns with your attorney regarding this.

The above is only an over view based on the limited facts given and should not be relied on as being applicable to your specific matter.