IC 31-15-4
    Chapter 4. Provisional Orders in Dissolution and Legal SeparationActions

IC 31-15-4-1
Motions
    Sec. 1. (a) In an action for dissolution of marriage underIC 31-15-2 or legal separation under IC 31-15-3, either party may filea motion for any of the following:
        (1) Temporary maintenance.
        (2) Temporary support or custody of a child of the marriageentitled to support.
        (3) Possession of property.
        (4) Counseling.
        (5) A protective order under IC 34-26-5.
    (b) If a party desires a protective order under subsection (a)(5),the party must file a petition under IC 34-26-5 in the court in whichthe case is pending, and the court may not require the moving partyto give security. If the petitioner requests an ex parte protectiveorder, the court shall immediately:
        (1) review the request; and
        (2) if required, set a hearing;
under IC 34-26-5. The procedure and law for a proceeding under thissubsection are controlled by IC 34-26-5.
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.27;P.L.221-2003, SEC.5.

IC 31-15-4-2
Supporting affidavit
    Sec. 2. Except for a protective order under section 1 of thischapter, the motion must be accompanied by an affidavit setting forththe following:
        (1) The factual basis for the motion.
        (2) The amounts requested or other relief sought.
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.28.

IC 31-15-4-3
Motion for temporary restraining order
    Sec. 3. As a part of a motion for temporary maintenance, forsupport or custody of a child, or for possession of property undersection 1 of this chapter or by independent motion accompanied byaffidavit, either party may request the court to issue a temporaryrestraining order:
        (1) restraining any person from transferring, encumbering,concealing, or in any way disposing of any property, except inthe usual course of business or for the necessities of life; or
        (2) granting temporary possession of property to either party.
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.29.

IC 31-15-4-4 Hearing of motions
    Sec. 4. The motion for temporary maintenance, support or custodyof a child, or possession of property under section 1 of this chaptershall be set for hearing by the court.
As added by P.L.1-1997, SEC.7.

IC 31-15-4-5
Preliminary hearing of petition for temporary support or custodyof child
    Sec. 5. The court shall immediately schedule a preliminaryhearing upon the filing of a petition for:
        (1) temporary child support; or
        (2) temporary custody of a child entitled to support.
As added by P.L.1-1997, SEC.7.

IC 31-15-4-6
Determination
    Sec. 6. The court shall determine:
        (1) after the hearing; and
        (2) not later than twenty-one (21) days after the petition is filed;
whether to grant or deny the petition.
As added by P.L.1-1997, SEC.7.

IC 31-15-4-7
Temporary restraining order
    Sec. 7. The court may issue a temporary restraining order if thecourt finds on the basis of the moving party's affidavit that injurywould result to the moving party if an immediate order were notissued.
As added by P.L.1-1997, SEC.7.

IC 31-15-4-8
Temporary orders
    Sec. 8. (a) The court may issue an order for temporarymaintenance or support in such amounts and on such terms that arejust and proper. However, the court shall require that the supportpayments be made through the clerk of the circuit court as trustee forremittance to the person entitled to receive benefits, unless the courthas reasonable grounds for providing or approving another methodof payment.
    (b) The court may issue:
        (1) a temporary restraining order;
        (2) a custody order; or
        (3) an order for possession of property;
to the extent the court considers proper.
As added by P.L.1-1997, SEC.7.

IC 31-15-4-9
Counseling
    Sec. 9. The court may require the parties to seek counseling for

themselves or for a child of the parties under such terms andconditions that the court considers appropriate if:
        (1) either party makes a motion for counseling in an effort toimprove conditions of their marriage;
        (2) a party, the child of the parties, the child's guardian ad litemor court appointed special advocate, or the court makes amotion for counseling for the child; or
        (3) the court makes a motion for counseling for parties who arethe parents of a child less than eighteen (18) years of age.
As added by P.L.1-1997, SEC.7.

IC 31-15-4-10
Joint counseling
    Sec. 10. The court may not require joint counseling of the partiesunder section 9 of this chapter:
        (1) without the consent of both parties; or
        (2) if there is evidence that the other party has demonstrated apattern of domestic or family violence against a family orhousehold member.
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.30.

IC 31-15-4-11
Change of venue or change from judge; effect on jurisdiction
    Sec. 11. The filing by either party of a motion for change of venueor change from the judge during the period before the court makes adetermination under section 6 of this chapter does not divest thecourt of jurisdiction to:
        (1) hear evidence upon the petition;
        (2) set an amount of temporary child support;
        (3) determine temporary custody; or
        (4) order appropriate parenting time.
As added by P.L.1-1997, SEC.7. Amended by P.L.68-2005, SEC.27.

IC 31-15-4-12
Change of venue or change from judge; effect on provisionalorders
    Sec. 12. If the court grants a change of venue or change from thejudge after the preliminary order of support, custody, or parentingtime is issued, either party may:
        (1) file a petition for a subsequent preliminary hearing on theissue of temporary child support, temporary custody, orparenting time;
        (2) seek relief from the original order; and
        (3) request that the court conduct a hearing relating to any othertemporary order available under this article.
As added by P.L.1-1997, SEC.7. Amended by P.L.68-2005, SEC.28.

IC 31-15-4-13
Provisional order; rights not prejudiced
    Sec. 13. The issuance of a provisional order is without prejudice

to the rights of the parties or the child as adjudicated at the finalhearing in the proceeding.
As added by P.L.1-1997, SEC.7.

IC 31-15-4-14
Provisional order; termination
    Sec. 14. A provisional order terminates when:
        (1) the final decree is entered subject to right of appeal; or
        (2) the petition for dissolution or legal separation is dismissed.
As added by P.L.1-1997, SEC.7.

IC 31-15-4-15
Provisional order; revocation or modification
    Sec. 15. The terms of a provisional order may be revoked ormodified before the final decree on a showing of the factsappropriate to revocation or modification.
As added by P.L.1-1997, SEC.7.

IC 31-15-4-16
Repealed
    (Repealed by P.L.133-2002, SEC.69.)