Sec. 1. This chapter shall be construed to promote the: (1) protection and safety of all victims of domestic or family violence in a fair, prompt, and effective manner; (2) protection and safety of all victims of harassment in a fair, prompt, and effective manner; and (3) prevention of future domestic violence, family violence, and […]
Sec. 10. (a) If a court issues: (1) an order for protection ex parte effective for a period described under section 9(f) of this chapter; or (2) a modification of an order for protection ex parte effective for a period described under section 9(f) of this chapter; and provides relief under section 9(c) of this […]
Sec. 11. If a respondent is excluded from the residence of a petitioner or ordered to stay away from a petitioner, an invitation by the petitioner to do so does not waive or nullify an order for protection. As added by P.L.133-2002, SEC.56.
Sec. 12. If a petitioner: (1) files a written request for dismissal with a court; or (2) makes an oral request on the record to dismiss the case in open court; the court shall without delay or any conditions dismiss the case without prejudice. As added by P.L.133-2002, SEC.56.
Sec. 13. A court may not deny a petitioner relief under section 9 of this chapter solely because of a lapse of time between an act of domestic or family violence or harassment and the filing of a petition. As added by P.L.133-2002, SEC.56. Amended by P.L.266-2019, SEC.11.
Sec. 14. (a) A court may not grant a mutual order for protection to opposing parties. (b) If both parties allege injury, the parties shall do so by separate petitions. The trial court shall review each petition separately in an individual or a consolidated hearing and grant or deny each petition on the petition’s individual […]
Sec. 15. A court may not: (1) order parties into mediation; or (2) refer parties to mediation; for resolution of the issues in a petition for an order for protection regarding family or domestic violence. This section may not be construed to preclude mediation in other cases involving the same parties. As added by P.L.133-2002, […]
Sec. 16. Fees for: (1) filing; (2) service of process; (3) witnesses; or (4) subpoenas; may not be charged for a proceeding seeking relief or enforcement as provided in this chapter, including a proceeding concerning a foreign protection order as described in section 17 of this chapter. This section may not be construed to prevent […]
Sec. 17. (a) A foreign protection order is facially valid if it: (1) identifies the protected person and the respondent; (2) is currently in effect; (3) was issued by a state or tribal court with jurisdiction over the: (A) parties; and (B) subject matter; under the law of the issuing state or Indian tribe; and […]
Sec. 18. The following orders are required to be entered into the Indiana data and communication system (IDACS) by a county sheriff or local law enforcement agency: (1) A no contact order issued under IC 31-32-13 in a juvenile case. (2) A no contact order issued under IC 31-34-20 in a child in need of […]
Sec. 19. In a proceeding under this chapter, a court may appoint a guardian ad litem to represent the interests of a child of one (1) or both parents. As added by P.L.133-2002, SEC.56.
Sec. 2. (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 […]
Sec. 20. (a) A protective order issued before July 1, 2002, under IC 31-34-17, IC 31-37-16, or IC 34-26-2 (before their repeal) remains in effect for the period indicated in the court order granting the protective order. (b) A protective order issued before July 1, 2002, under IC 31-14-16 or IC 31-15-5 remains in effect […]
Sec. 21. (a) As used in this section, “financial responsibility” means an obligation to pay monthly service fees and other costs and charges associated with any telephone number. (b) As used in this section, “provider” means a person or entity that provides commercial mobile service (as defined in 47 U.S.C. 332). (c) A petitioner for […]
Sec. 3. (a) The office of judicial administration shall: (1) develop and adopt: (A) a petition for an order for protection; (B) an order for protection, including: (i) orders issued under this chapter; (ii) ex parte orders; (iii) no contact orders under IC 31 and IC 35; (iv) forms relating to workplace violence restraining orders […]
Sec. 4. (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 or harassment occurred. (c) There is no […]
Sec. 5. At a hearing to obtain an order for protection, each party has a continuing duty to inform the court of: (1) each separate proceeding for an order for protection; (2) any civil litigation; (3) each proceeding in a family, domestic relations, or juvenile court; and (4) each criminal case; involving a party or […]
Sec. 6. The following rules apply to an order for protection issued under this chapter: (1) An order for protection is in addition to, and not instead of, another available civil or criminal proceeding. (2) A petitioner is not barred from seeking an order because of another pending proceeding. (3) A court may not delay […]
Sec. 7. A petitioner may omit the petitioner’s address from all nonconfidential documents filed with a court. However, a petitioner must provide the court with complete information concerning the protected address on the uniform statewide confidential form and on other confidential forms developed by the office of judicial administration under section 3 of this chapter. […]
Sec. 8. If a petitioner seeks: (1) an order for protection; (2) an extension of an order for protection; (3) a modification of an order for protection; (4) the termination of an order for protection; or (5) the registration of a foreign protective order; the petitioner is responsible for completing the forms prescribed by the […]
