CHAPTER 15. TEMPORARY RESTRAINING ORDERS AND PERMANENT INJUNCTIONS AGAINST CUSTODIAL PARENTS
IC 31-14-15
Chapter 15. Temporary Restraining Orders and PermanentInjunctions Against Custodial Parents
IC 31-14-15-1
Parenting time rights; permanent injunction against custodialparent
Sec. 1. A noncustodial parent who:
(1) has been granted parenting time rights with a child wholives with the custodial parent;
(2) regularly pays support ordered by a court for the child; and
(3) is barred by a custodial parent from exercising parentingtime rights ordered for the noncustodial parent and the child;
may file, in the court that has jurisdiction over the paternity action,an application for an injunction against the custodial parent underRule 65 of the Indiana Rules of Trial Procedure.
As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.24.
IC 31-14-15-2
Parenting time rights; temporary restraining order againstcustodial parent
Sec. 2. (a) If:
(1) an application for an injunction is filed under this chapter(or IC 31-6-6.1-12.1 before its repeal); and
(2) the noncustodial parent submits an affidavit as described insubsection (b);
the court may grant, without notice, a temporary restraining orderrestraining the custodial parent from further violation of theparenting time order.
(b) In the affidavit, the noncustodial parent shall state underpenalties for perjury:
(1) that the noncustodial parent has been granted parenting timerights with the child; and
(2) that the noncustodial parent regularly pays the supportordered by a court for the child.
(c) The court shall hold a hearing upon the restraining order at theearliest convenience of the court.
As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.25.
IC 31-14-15-3
Security
Sec. 3. (a) This section does not apply to an order underIC 31-14-11-7, IC 31-14-13-6.5, or IC 31-14-14-2.5.
(b) A court may not require an applicant for a temporaryrestraining order or an injunction under this chapter (orIC 31-6-6.1-12.1 before its repeal) to give security.
As added by P.L.1-1997, SEC.6. Amended by P.L.171-2001, SEC.6.
IC 31-14-15-4
Remedies for contempt Sec. 4. A court that finds a violation without justifiable cause bya custodial parent of an injunction or a temporary restraining orderissued under this chapter (or IC 31-6-6.1-12.1 before its repeal):
(1) shall find the custodial parent in contempt of court;
(2) shall order the exercise of parenting time that was notexercised due to the violation under this section (orIC 31-6-6.1-12.1(e) before its repeal) at a time the courtconsiders compatible with the schedules of the noncustodialparent and the child;
(3) may order payment by the custodial parent of reasonableattorney's fees, costs, and expenses to the noncustodial parent;and
(4) may order the custodial parent to perform communityrestitution or service without compensation in a mannerspecified by the court.
As added by P.L.1-1997, SEC.6. Amended by P.L.32-2000, SEC.17;P.L.68-2005, SEC.26.
IC 31-14-15-5
Additional remedies
Sec. 5. The remedies in this chapter are in addition to and do notlimit other civil or criminal remedies available to the noncustodialparent.
As added by P.L.1-1997, SEC.6.