2024 Indiana Code
Title 34. Civil Law and Procedure
Article 26. Special Proceedings: Injunctions and Restraining Orders
Chapter 7.5. Petitions to Expunge Protection Orders
34-26-7.5-4. Duties of Court Upon Receipt of Petition to Expunge Protection Order

Sec. 4. (a) Unless the petition is incomplete, or the petition conclusively indicates that the petitioner is not entitled to relief, the court shall:

(1) redact the petitioner's:

(A) date of birth;

(B) Social Security number; and

(C) driver's license number;

from the petition;

(2) serve a copy of the redacted petition under subdivision (1) on the plaintiff who originally sought the protection order; and

(3) set the matter for hearing.

The plaintiff who originally sought the protection order is entitled to appear at the hearing.

(b) If:

(1) the plaintiff who originally sought the protection order waives in writing the right to appear at the hearing; and

(2) the petition conclusively indicates that the petitioner is entitled to relief;

the court may issue an order to expunge a protection order without holding a hearing.

(c) The grant or denial of a petition for expungement is a final appealable order.

As added by P.L.219-2019, SEC.2.