2014 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 26. SPECIAL PROCEEDINGS: INJUNCTIONS AND RESTRAINING ORDERS CHAPTER 5. INDIANA CIVIL PROTECTION ORDER ACT
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IC 34-26-5
Chapter 5. Indiana Civil Protection Order Act
IC 34-26-5-1
Prevention of domestic and family violence
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; and
(2) prevention of future domestic and family violence.
As added by P.L.133-2002, SEC.56.
IC 34-26-5-2
Persons eligible to file petition for order of protection; petition on
behalf of a child; prohibition on mutual orders; jurisdiction for
order sought against a minor
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 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.
As added by P.L.133-2002, SEC.56.
IC 34-26-5-3
Forms; clerical assistance; protective order registry
Sec. 3. (a) The division of state court 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
under IC 34-26-6; and
(v) forms relating to a child protective order under
IC 31-34-2.3;
(C) a confidential form;
(D) a notice of modification or extension for an order for
protection, a no contact order, a workplace violence
restraining order, or a child protective order;
(E) a notice of termination for an order for protection, a no
contact order, a workplace violence restraining order, or a
child protective order; and
(F) any other uniform statewide forms necessary to maintain
an accurate registry of orders; and
(2) provide the forms under subdivision (1) to the clerk of each
court authorized to issue the orders.
(b) In addition to any other required information, a petition for an
order for protection must contain a statement listing each civil or
criminal action involving:
(1) either party; or
(2) a child of either party.
(c) The following statements must be printed in boldface type or
in capital letters on an order for protection, a no contact order, a
workplace violence restraining order, or a child protective order:
VIOLATION OF THIS ORDER IS PUNISHABLE BY
CONFINEMENT IN JAIL, PRISON, AND/OR A FINE.
IF SO ORDERED BY THE COURT, THE RESPONDENT IS
FORBIDDEN TO ENTER OR STAY AT THE PETITIONER'S
RESIDENCE OR RESIDENCE OF ANY CHILD WHO IS
THE SUBJECT OF THE ORDER, EVEN IF INVITED TO DO
SO BY THE PETITIONER OR ANY OTHER PERSON. IN
NO EVENT IS THE ORDER FOR PROTECTION VOIDED.
PURSUANT TO 18 U.S.C. 2265, THIS ORDER FOR
PROTECTION SHALL BE GIVEN FULL FAITH AND
CREDIT IN ANY OTHER STATE OR TRIBAL LAND AND
SHALL BE ENFORCED AS IF IT WERE AN ORDER
ISSUED IN THAT STATE OR TRIBAL LAND. PURSUANT
TO 18 U.S.C. 922(g), ONCE A RESPONDENT HAS
RECEIVED NOTICE OF THIS ORDER AND AN
OPPORTUNITY TO BE HEARD, IT IS A FEDERAL
VIOLATION TO PURCHASE, RECEIVE, OR POSSESS A
FIREARM WHILE SUBJECT TO THIS ORDER IF THE
PROTECTED PERSON IS:
(A) THE RESPONDENT'S CURRENT OR FORMER
SPOUSE;
(B) A CURRENT OR FORMER PERSON WITH WHOM
THE RESPONDENT RESIDED WHILE IN AN
INTIMATE RELATIONSHIP; OR
(C) A PERSON WITH WHOM THE RESPONDENT HAS
A CHILD.
INTERSTATE VIOLATION OF THIS ORDER MAY
SUBJECT THE RESPONDENT TO FEDERAL CRIMINAL
PENALTIES UNDER 18 U.S.C. 2261 AND 18 U.S.C. 2262.
(d) The clerk of the circuit court, or a person or entity designated
by the clerk of the circuit court, shall provide to a person requesting
an order for protection:
(1) the forms adopted under subsection (a);
(2) all other forms required to petition for an order for
protection, including forms:
(A) necessary for service; and
(B) required under IC 31-21 (or IC 31-17-3 before its
repeal); and
(3) clerical assistance in reading or completing the forms and
filing the petition.
Clerical assistance provided by the clerk or court personnel under this
section does not constitute the practice of law. The clerk of the circuit
court may enter into a contract with a person or another entity to
provide this assistance. A person, other than a person or other entity
with whom the clerk has entered into a contract to provide assistance,
who in good faith performs the duties the person is required to
perform under this subsection is not liable for civil damages that
might otherwise be imposed on the person as a result of the
performance of those duties unless the person commits an act or
omission that amounts to gross negligence or willful and wanton
misconduct.
(e) A petition for an order for protection must be:
(1) verified or under oath under Trial Rule 11; and
(2) issued on the forms adopted under subsection (a).
(f) If an order for protection is issued under this chapter, the clerk
shall comply with IC 5-2-9.
(g) After receiving a petition for an order for protection, the clerk
of the circuit court shall immediately enter the case in the Indiana
protective order registry established by IC 5-2-9-5.5.
As added by P.L.133-2002, SEC.56. Amended by P.L.39-2003,
SEC.1; P.L.221-2003, SEC.8; P.L.52-2007, SEC.11; P.L.138-2007,
SEC.92; P.L.3-2008, SEC.243; P.L.116-2009, SEC.11;
P.L.130-2009, SEC.22.
IC 34-26-5-4
Jurisdiction; venue; prohibition on minimum residency
requirement
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 occurred.
(c) There is no minimum residency requirement to petition for an
order for protection.
As added by P.L.133-2002, SEC.56.
IC 34-26-5-5
Duty to inform court of other legal proceedings involving a party
or child of a party
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 a child of a party. The information provided
under this section must include the case name, the case number, and
the county and state in which the proceeding is held, if that
information is known by the party.
As added by P.L.133-2002, SEC.56.
IC 34-26-5-6
Rules
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 granting relief because of the
existence of a pending action between the petitioner and
respondent.
(4) If a person who petitions for an ex parte order for protection
also has a pending case involving:
(A) the respondent; or
(B) a child of the petitioner and respondent;
the court that has been petitioned for relief shall immediately
consider the ex parte petition and then transfer that matter to the
court in which the other case is pending.
(5) If a person files a petition for an order of protection
requesting relief that:
(A) does not require a hearing under sections 9(b) and 10(a)
of this chapter; and
(B) requires a hearing under sections 9(c) and 10(b) of this
chapter;
the court may issue an ex parte order for protection providing
relief under clause (A) at any time before the required hearing
under clause (B).
As added by P.L.133-2002, SEC.56. Amended by P.L.221-2003,
SEC.9.
IC 34-26-5-7
Address confidentiality
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 division of state court
administration under section 3 of this chapter. A petitioner shall also
provide the clerk with a public mailing address for purposes of
serving pleadings, notices, and court orders. The petitioner may use
the address confidentiality program under IC 5-26.5. If disclosure of
a petitioner's address is necessary to determine jurisdiction or to
consider venue, the court may order the disclosure to be made:
(1) after receiving a petitioner's consent;
(2) orally in the judge's chambers and out of the presence of a
respondent with a sealed record made; or
(3) after a hearing in which the court considers the safety of a
petitioner and finds that disclosure of the address is in the
interest of justice.
As added by P.L.133-2002, SEC.56. Amended by P.L.221-2003,
SEC.10.
IC 34-26-5-8
Use of forms; transmission to clerk
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 division of state court administration and for transmitting those
forms to the clerk of the court.
As added by P.L.133-2002, SEC.56. Amended by P.L.116-2009,
SEC.12; P.L.130-2009, SEC.23.
IC 34-26-5-9
Ex parte orders; relief after notice and hearing; duties of issuing
court; effective dates; burden of proof; superseding orders;
presumptions
Sec. 9. (a) If it appears from a petition for an order for protection
or from a petition to modify an order for protection that domestic or
family violence has occurred or that a modification of an order for
protection is required, a court may:
(1) without notice or hearing, immediately issue an order for
protection ex parte or modify an order for protection ex parte;
or
(2) upon notice and after a hearing, whether or not a respondent
appears, issue or modify an order for protection.
(b) A court may grant the following relief without notice and
hearing in an ex parte order for protection or in an ex parte order for
protection modification:
(1) Enjoin a respondent from threatening to commit or
committing acts of domestic or family violence against a
petitioner and each designated family or household member.
(2) Prohibit a respondent from harassing, annoying,
telephoning, contacting, or directly or indirectly communicating
with a petitioner.
(3) Remove and exclude a respondent from the residence of a
petitioner, regardless of ownership of the residence.
(4) Order a respondent to stay away from the residence, school,
or place of employment of a petitioner or a specified place
frequented by a petitioner and each designated family or
household member.
(5) Order possession and use of the residence, an automobile,
and other essential personal effects, regardless of the ownership
of the residence, automobile, and essential personal effects. If
possession is ordered under this subdivision, the court may
direct a law enforcement officer to accompany a petitioner to
the residence of the parties to:
(A) ensure that a petitioner is safely restored to possession of
the residence, automobile, and other essential personal
effects; or
(B) supervise a petitioner's or respondent's removal of
personal belongings.
(6) Order other relief necessary to provide for the safety and
welfare of a petitioner and each designated family or household
member.
(c) A court may grant the following relief after notice and a
hearing, whether or not a respondent appears, in an order for
protection or in a modification of an order for protection:
(1) Grant the relief under subsection (b).
(2) Specify arrangements for parenting time of a minor child by
a respondent and:
(A) require supervision by a third party; or
(B) deny parenting time;
if necessary to protect the safety of a petitioner or child.
(3) Order a respondent to:
(A) pay attorney's fees;
(B) pay rent or make payment on a mortgage on a petitioner's
residence;
(C) if the respondent is found to have a duty of support, pay
for the support of a petitioner and each minor child;
(D) reimburse a petitioner or other person for expenses
related to the domestic or family violence, including:
(i) medical expenses;
(ii) counseling;
(iii) shelter; and
(iv) repair or replacement of damaged property;
(E) pay the costs and expenses incurred in connection with
the use of a GPS tracking device under subsection (i); or
(F) pay the costs and fees incurred by a petitioner in bringing
the action.
(4) Prohibit a respondent from using or possessing a firearm,
ammunition, or a deadly weapon specified by the court, and
direct the respondent to surrender to a specified law
enforcement agency the firearm, ammunition, or deadly weapon
for the duration of the order for protection unless another date
is ordered by the court.
An order issued under subdivision (4) does not apply to a person who
is exempt under 18 U.S.C. 925.
(d) The court shall:
(1) cause the order for protection to be delivered to the county
sheriff for service;
(2) make reasonable efforts to ensure that the order for
protection is understood by a petitioner and a respondent if
present;
(3) electronically notify each law enforcement agency:
(A) required to receive notification under IC 5-2-9-6; or
(B) designated by the petitioner;
(4) transmit a copy of the order to the clerk for processing under
IC 5-2-9;
(5) indicate in the order if the order and the parties meet the
criteria under 18 U.S.C. 922(g)(8); and
(6) require the clerk of court to enter or provide a copy of the
order to the Indiana protective order registry established by
IC 5-2-9-5.5.
(e) An order for protection issued ex parte or upon notice and a
hearing, or a modification of an order for protection issued ex parte
or upon notice and a hearing, is effective for two (2) years after the
date of issuance unless another date is ordered by the court. The
sheriff of each county shall provide expedited service for an order for
protection.
(f) A finding that domestic or family violence has occurred
sufficient to justify the issuance of an order under this section means
that a respondent represents a credible threat to the safety of a
petitioner or a member of a petitioner's household. Upon a showing
of domestic or family violence by a preponderance of the evidence,
the court shall grant relief necessary to bring about a cessation of the
violence or the threat of violence. The relief may include an order
directing a respondent to surrender to a law enforcement officer or
agency all firearms, ammunition, and deadly weapons:
(1) in the control, ownership, or possession of a respondent; or
(2) in the control or possession of another person on behalf of
a respondent;
for the duration of the order for protection unless another date is
ordered by the court.
(g) An order for custody, parenting time, or possession or control
of property issued under this chapter is superseded by an order issued
from a court exercising dissolution, legal separation, paternity, or
guardianship jurisdiction over the parties.
(h) The fact that an order for protection is issued under this
chapter does not raise an inference or presumption in a subsequent
case or hearings between the parties.
(i) Upon a finding of a violation of an order for protection, the
court may:
(1) require a respondent to wear a GPS tracking device; and
(2) prohibit the respondent from approaching or entering certain
locations where the petitioner may be found.
If the court requires a respondent to wear a GPS tracking device
under subdivision (1), the court shall, if available, require the
respondent to wear a GPS tracking device with victim notification
capabilities.
(j) The court may permit a victim, a petitioner, another person, an
organization, or an agency to pay the costs and expenses incurred in
connection with the use of a GPS tracking device under subsection
(i).
As added by P.L.133-2002, SEC.56. Amended by P.L.68-2005,
SEC.59; P.L.116-2009, SEC.13; P.L.130-2009, SEC.24; P.L.1-2010,
SEC.135.
IC 34-26-5-10
Hearing after ex parte order
Sec. 10. (a) Except as provided in subsection (b), if a court issues:
(1) an order for protection ex parte; or
(2) a modification of an order for protection ex parte;
and provides relief under section 9(b) of this chapter, upon a request
by either party not more than thirty (30) days after service of the
order or modification, the court shall set a date for a hearing on the
petition. The hearing must be held not more than thirty (30) days
after the request for a hearing is filed unless continued by the court
for good cause shown. The court shall notify both parties by first
class mail of the date and time of the hearing.
(b) A court shall set a date for a hearing on the petition not more
than thirty (30) days after the filing of the petition if a court issues an
order for protection ex parte or a modification of an order of
protection ex parte and:
(1) a petitioner requests or the court provides relief under
section 9(b)(3), 9(b)(5), or 9(b)(6) of this chapter; or
(2) a petitioner requests relief under section 9(c)(2), 9(c)(3), or
9(c)(4) of this chapter.
The hearing must be given precedence over all matters pending in the
court except older matters of the same character.
(c) In a hearing under subsection (a) or (b):
(1) relief under section 9 of this chapter is available; and
(2) if a respondent seeks relief concerning an issue not raised by
a petitioner, the court may continue the hearing at the
petitioner's request.
As added by P.L.133-2002, SEC.56.
IC 34-26-5-11
Exclusion from residence not waived by invitation from petitioner
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.
IC 34-26-5-12
Dismissal
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.
IC 34-26-5-13
Lapse of time between act and filing of petition
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 and the filing of a petition.
As added by P.L.133-2002, SEC.56.
IC 34-26-5-14
Prohibition on mutual orders
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 merits. If the trial court finds cause to
grant both petitions, the court shall do so by separate orders with
specific findings justifying the issuance of each order.
As added by P.L.133-2002, SEC.56.
IC 34-26-5-15
Prohibition on mediation
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.56.
IC 34-26-5-16
Fees
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 the collecting of costs from
a party against whom an order for protection is sought if the court
finds a claim to be meritorious and issues an order for protection
under this chapter.
As added by P.L.133-2002, SEC.56. Amended by P.L.176-2005,
SEC.23.
IC 34-26-5-17
Validity of foreign protection orders; full faith and credit;
enforcement; duties of law enforcement officers
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
(4) was issued after a respondent was given reasonable notice
and an opportunity to be heard sufficient to protect the
respondent's right to due process. In the case of an ex parte
order, notice and opportunity to be heard must be provided
within the time required by state or tribal law and within a
reasonable time after the order is issued sufficient to protect the
respondent's due process rights.
(b) A facially valid foreign protection order is prima facie
evidence of its validity. The protection order may be inscribed on a
tangible medium or stored in an electronic or other medium if it is
retrievable in perceivable form. Presentation of a certified copy of an
order for protection is not required for enforcement.
(c) Except as provided in subsection (d), a protection order that is
facially valid and issued by a court of a state (issuing state) or Indian
tribe shall be accorded full faith and credit by Indiana courts.
(d) A mutual foreign protection order is not entitled to full faith
and credit if the order is issued by a state or tribal court against a
person who has petitioned, filed a complaint, or otherwise filed a
written pleading for protection against a family or household
member, unless:
(1) a separate petition or motion was filed by a respondent;
(2) the issuing court has reviewed each motion separately and
granted or denied each on its individual merits; and
(3) separate orders were issued and the issuing court made
specific findings that each party was entitled to an order.
(e) Registration or filing of a foreign protection order is not a
prerequisite to enforcement of the order in Indiana, and a protection
order that is consistent with this section shall be accorded full faith
and credit notwithstanding a failure to register or file the order in
Indiana. However, if a petitioner wishes to register a foreign
protection order in Indiana, all Indiana courts of record shall
accommodate the request. The division of state court administration
shall develop a form to be used by courts, clerks, and law
enforcement agencies when a petitioner makes a request to register
a foreign protection order. Except for a protective order issued to the
Indiana protective order registry established by IC 5-2-9-5.5, the
courts, clerks of the courts, and sheriffs or law enforcement agencies
maintaining depositories shall employ the same procedures required
under IC 5-2-9-6 for entering, modifying, extending, or terminating
a foreign protection order as those used for a protection order and a
no contact order originating in Indiana.
(f) A facially valid foreign protection order shall be enforced by
a law enforcement officer and a state court as if it were an order
originating in Indiana. The order must be enforced if the foreign
protection order contains relief that the state courts lack the power to
provide in an order for protection issued in Indiana.
(g) An Indiana law enforcement officer:
(1) may not require notification, registration, or filing of a
facially valid foreign order for protection as a prerequisite to
enforcement of an order;
(2) if a foreign protection order is not presented, may consider
other information to determine under a totality of the
circumstances whether there is probable cause to believe that a
valid foreign order for protection exists; and
(3) who determines that an otherwise valid foreign protection
order cannot be enforced because a respondent has not been
notified or served with the order, shall:
(A) inform the respondent of the order;
(B) serve the order on the respondent;
(C) ensure that the order and service of the order are entered
into the state depository;
(D) allow the respondent a reasonable opportunity to comply
with the order before enforcing the order; and
(E) ensure the safety of the protected person while giving the
respondent the opportunity to comply with the order.
(h) After a foreign protective order is registered, the clerk shall
enter the order in the Indiana protective order registry established by
IC 5-2-9-5.5.
As added by P.L.133-2002, SEC.56. Amended by P.L.116-2009,
SEC.14; P.L.130-2009, SEC.25.
IC 34-26-5-18
Orders entered into Indiana data and communication system
(IDACS)
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 services (CHINS) case.
(3) A no contact order issued under IC 31-34-25 in a CHINS
case.
(4) A no contact order issued under IC 31-37-19 in a
delinquency case.
(5) A no contact order issued under IC 31-37-25 in a
delinquency case.
(6) A no contact order issued under IC 33-39-1-8 in a criminal
case.
(7) An order for protection issued under this chapter.
(8) A workplace violence restraining order issued under
IC 34-26-6.
(9) A no contact order issued under IC 35-33-8-3.2 in a criminal
case.
(10) A no contact order issued under IC 35-38-2-2.3 in a
criminal case.
(11) A child protective order issued under IC 31-34-2.3.
(12) A foreign protective order registered under section 17 of
this chapter.
As added by P.L.133-2002, SEC.56. Amended by P.L.98-2004,
SEC.121; P.L.52-2007, SEC.12; P.L.116-2009, SEC.15;
P.L.130-2009, SEC.26; P.L.1-2010, SEC.136.
IC 34-26-5-19
Guardian ad litem
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.
IC 34-26-5-20
Effect of certain protective orders; use of forms
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 for the period indicated
in the court order granting the protective order.
(c) After June 30, 2002, a protected person must use the forms
developed by the division of state court administration under section
3 of this chapter if the person is seeking an extension or a
modification of an order issued under subsection (a) or (b).
As added by P.L.16-2009, SEC.32.
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