CHAPTER 5. INDIANA CIVIL PROTECTION ORDER ACT
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 familyviolence 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 onbehalf of a child; prohibition on mutual orders; jurisdiction fororder sought against a minor
Sec. 2. (a) A person who is or has been a victim of domestic orfamily violence may file a petition for an order for protection againsta:
(1) family or household member who commits an act ofdomestic or family violence; or
(2) person who has committed stalking under IC 35-45-10-5 ora sex offense under IC 35-42-4 against the petitioner.
(b) A parent, a guardian, or another representative may file apetition for an order for protection on behalf of a child against a:
(1) family or household member who commits an act ofdomestic or family violence; or
(2) person who has committed stalking under IC 35-45-10-5 ora sex offense under IC 35-42-4 against the child.
(c) A court may issue only one (1) order for each respondent. Ifa petitioner files a petition against more than one (1) respondent, thecourt 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, thecase may originate in any court of record and, if it is an emergencymatter, be processed the same as an ex parte petition. When a hearingis set, the matter may be transferred to a court with juvenilejurisdiction.
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 restrainingorders under IC 34-26-6; and
(v) forms relating to a child protective order underIC 31-34-2.3;
(C) a confidential form;
(D) a notice of modification or extension for an order forprotection, a no contact order, a workplace violencerestraining order, or a child protective order;
(E) a notice of termination for an order for protection, a nocontact order, a workplace violence restraining order, or achild protective order; and
(F) any other uniform statewide forms necessary to maintainan accurate registry of orders; and
(2) provide the forms under subdivision (1) to the clerk of eachcourt authorized to issue the orders.
(b) In addition to any other required information, a petition for anorder for protection must contain a statement listing each civil orcriminal action involving:
(1) either party; or
(2) a child of either party.
(c) The following statements must be printed in boldface type orin capital letters on an order for protection, a no contact order, aworkplace violence restraining order, or a child protective order:
VIOLATION OF THIS ORDER IS PUNISHABLE BYCONFINEMENT IN JAIL, PRISON, AND/OR A FINE.
IF SO ORDERED BY THE COURT, THE RESPONDENT ISFORBIDDEN TO ENTER OR STAY AT THE PETITIONER'SRESIDENCE OR RESIDENCE OF ANY CHILD WHO ISTHE SUBJECT OF THE ORDER, EVEN IF INVITED TO DOSO BY THE PETITIONER OR ANY OTHER PERSON. INNO EVENT IS THE ORDER FOR PROTECTION VOIDED.
PURSUANT TO 18 U.S.C. 2265, THIS ORDER FORPROTECTION SHALL BE GIVEN FULL FAITH ANDCREDIT IN ANY OTHER STATE OR TRIBAL LAND ANDSHALL BE ENFORCED AS IF IT WERE AN ORDERISSUED IN THAT STATE OR TRIBAL LAND. PURSUANTTO 18 U.S.C. 922(g), ONCE A RESPONDENT HASRECEIVED NOTICE OF THIS ORDER AND ANOPPORTUNITY TO BE HEARD, IT IS A FEDERALVIOLATION TO PURCHASE, RECEIVE, OR POSSESS AFIREARM WHILE SUBJECT TO THIS ORDER IF THEPROTECTED PERSON IS:
(A) THE RESPONDENT'S CURRENT OR FORMERSPOUSE;
(B) A CURRENT OR FORMER PERSON WITH WHOMTHE RESPONDENT RESIDED WHILE IN ANINTIMATE RELATIONSHIP; OR
(C) A PERSON WITH WHOM THE RESPONDENT HASA CHILD.
INTERSTATE VIOLATION OF THIS ORDER MAY
SUBJECT THE RESPONDENT TO FEDERAL CRIMINALPENALTIES UNDER 18 U.S.C. 2261 AND 18 U.S.C. 2262.
(d) The clerk of the circuit court, or a person or entity designatedby the clerk of the circuit court, shall provide to a person requestingan order for protection:
(1) the forms adopted under subsection (a);
(2) all other forms required to petition for an order forprotection, including forms:
(A) necessary for service; and
(B) required under IC 31-21 (or IC 31-17-3 before itsrepeal); and
(3) clerical assistance in reading or completing the forms andfiling the petition.
Clerical assistance provided by the clerk or court personnel underthis section does not constitute the practice of law. The clerk of thecircuit court may enter into a contract with a person or another entityto provide this assistance. A person, other than a person or otherentity with whom the clerk has entered into a contract to provideassistance, who in good faith performs the duties the person isrequired to perform under this subsection is not liable for civildamages that might otherwise be imposed on the person as a resultof the performance of those duties unless the person commits an actor omission that amounts to gross negligence or willful and wantonmisconduct.
(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 clerkshall comply with IC 5-2-9.
(g) After receiving a petition for an order for protection, the clerkof the circuit court shall immediately enter the case in the Indianaprotective 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 residencyrequirement
Sec. 4. (a) Any court of record has jurisdiction to issue a civilorder for protection.
(b) A petition for an order for protection must be filed in thecounty 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 anorder 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 partyor child of a party
Sec. 5. At a hearing to obtain an order for protection, each partyhas 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 juvenilecourt; and
(4) each criminal case;
involving a party or a child of a party. The information providedunder this section must include the case name, the case number, andthe county and state in which the proceeding is held, if thatinformation 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 issuedunder 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 ofanother pending proceeding.
(3) A court may not delay granting relief because of theexistence of a pending action between the petitioner andrespondent.
(4) If a person who petitions for an ex parte order for protectionalso 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 immediatelyconsider the ex parte petition and then transfer that matter to thecourt in which the other case is pending.
(5) If a person files a petition for an order of protectionrequesting 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 thischapter;
the court may issue an ex parte order for protection providingrelief under clause (A) at any time before the required hearingunder 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 allnonconfidential documents filed with a court. However, a petitioner
must provide the court with complete information concerning theprotected address on the uniform statewide confidential form and onother confidential forms developed by the division of state courtadministration under section 3 of this chapter. A petitioner shall alsoprovide the clerk with a public mailing address for purposes ofserving pleadings, notices, and court orders. The petitioner may usethe address confidentiality program under IC 5-26.5. If disclosure ofa petitioner's address is necessary to determine jurisdiction or toconsider 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 arespondent with a sealed record made; or
(3) after a hearing in which the court considers the safety of apetitioner and finds that disclosure of the address is in theinterest 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 bythe division of state court administration and for transmitting thoseforms 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 issuingcourt; effective dates; burden of proof; superseding orders;presumptions
Sec. 9. (a) If it appears from a petition for an order for protectionor from a petition to modify an order for protection that domestic orfamily violence has occurred or that a modification of an order forprotection is required, a court may:
(1) without notice or hearing, immediately issue an order forprotection ex parte or modify an order for protection ex parte;or
(2) upon notice and after a hearing, whether or not a respondentappears, issue or modify an order for protection.
(b) A court may grant the following relief without notice andhearing in an ex parte order for protection or in an ex parte order forprotection modification:
(1) Enjoin a respondent from threatening to commit orcommitting 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 communicatingwith a petitioner.
(3) Remove and exclude a respondent from the residence of apetitioner, 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 placefrequented by a petitioner and each designated family orhousehold member.
(5) Order possession and use of the residence, an automobile,and other essential personal effects, regardless of the ownershipof the residence, automobile, and essential personal effects. Ifpossession is ordered under this subdivision, the court maydirect a law enforcement officer to accompany a petitioner tothe residence of the parties to:
(A) ensure that a petitioner is safely restored to possessionof the residence, automobile, and other essential personaleffects; or
(B) supervise a petitioner's or respondent's removal ofpersonal belongings.
(6) Order other relief necessary to provide for the safety andwelfare of a petitioner and each designated family or householdmember.
(c) A court may grant the following relief after notice and ahearing, whether or not a respondent appears, in an order forprotection 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 bya 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'sresidence;
(C) if the respondent is found to have a duty of support, payfor the support of a petitioner and each minor child;
(D) reimburse a petitioner or other person for expensesrelated 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 withthe use of a GPS tracking device under subsection (i); or
(F) pay the costs and fees incurred by a petitioner in bringingthe action.
(4) Prohibit a respondent from using or possessing a firearm,
ammunition, or a deadly weapon specified by the court, anddirect the respondent to surrender to a specified lawenforcement agency the firearm, ammunition, or deadly weaponfor the duration of the order for protection unless another dateis ordered by the court.
An order issued under subdivision (4) does not apply to a person whois exempt under 18 U.S.C. 925.
(d) The court shall:
(1) cause the order for protection to be delivered to the countysheriff for service;
(2) make reasonable efforts to ensure that the order forprotection is understood by a petitioner and a respondent ifpresent;
(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 underIC 5-2-9;
(5) indicate in the order if the order and the parties meet thecriteria under 18 U.S.C. 922(g)(8); and
(6) require the clerk of court to enter or provide a copy of theorder to the Indiana protective order registry established byIC 5-2-9-5.5.
(e) An order for protection issued ex parte or upon notice and ahearing, or a modification of an order for protection issued ex parteor upon notice and a hearing, is effective for two (2) years after thedate of issuance unless another date is ordered by the court. Thesheriff of each county shall provide expedited service for an order forprotection.
(f) A finding that domestic or family violence has occurredsufficient to justify the issuance of an order under this section meansthat a respondent represents a credible threat to the safety of apetitioner or a member of a petitioner's household. Upon a showingof domestic or family violence by a preponderance of the evidence,the court shall grant relief necessary to bring about a cessation of theviolence or the threat of violence. The relief may include an orderdirecting a respondent to surrender to a law enforcement officer oragency 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 ofa respondent;
for the duration of the order for protection unless another date isordered by the court.
(g) An order for custody, parenting time, or possession or controlof property issued under this chapter is superseded by an order issuedfrom a court exercising dissolution, legal separation, paternity, orguardianship jurisdiction over the parties.
(h) The fact that an order for protection is issued under thischapter does not raise an inference or presumption in a subsequentcase or hearings between the parties. (i) Upon a finding of a violation of an order for protection, thecourt may:
(1) require a respondent to wear a GPS tracking device; and
(2) prohibit the respondent from approaching or entering certainlocations where the petitioner may be found.
If the court requires a respondent to wear a GPS tracking deviceunder subdivision (1), the court shall, if available, require therespondent to wear a GPS tracking device with victim notificationcapabilities.
(j) The court may permit a victim, a petitioner, another person, anorganization, or an agency to pay the costs and expenses incurred inconnection 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 requestby either party not more than thirty (30) days after service of theorder or modification, the court shall set a date for a hearing on thepetition. The hearing must be held not more than thirty (30) daysafter the request for a hearing is filed unless continued by the courtfor good cause shown. The court shall notify both parties by firstclass mail of the date and time of the hearing.
(b) A court shall set a date for a hearing on the petition not morethan thirty (30) days after the filing of the petition if a court issues anorder for protection ex parte or a modification of an order ofprotection ex parte and:
(1) a petitioner requests or the court provides relief undersection 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), or9(c)(4) of this chapter.
The hearing must be given precedence over all matters pending in thecourt 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 bya petitioner, the court may continue the hearing at thepetitioner'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 apetitioner or ordered to stay away from a petitioner, an invitation by
the petitioner to do so does not waive or nullify an order forprotection.
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 inopen court;
the court shall without delay or any conditions dismiss the casewithout 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 9of this chapter solely because of a lapse of time between an act ofdomestic 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 protectionto opposing parties.
(b) If both parties allege injury, the parties shall do so by separatepetitions. The trial court shall review each petition separately in anindividual or a consolidated hearing and grant or deny each petitionon the petition's individual merits. If the trial court finds cause togrant both petitions, the court shall do so by separate orders withspecific 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 protectionregarding family or domestic violence. This section may not beconstrued to preclude mediation in other cases involving the sameparties.
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 enforcementas provided in this chapter, including a proceeding concerning aforeign protection order as described in section 17 of this chapter.This section may not be construed to prevent the collecting of costsfrom a party against whom an order for protection is sought if thecourt finds a claim to be meritorious and issues an order forprotection 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 overthe:
(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 noticeand an opportunity to be heard sufficient to protect therespondent's right to due process. In the case of an ex parteorder, notice and opportunity to be heard must be providedwithin the time required by state or tribal law and within areasonable time after the order is issued sufficient to protect therespondent's due process rights.
(b) A facially valid foreign protection order is prima facieevidence of its validity. The protection order may be inscribed on atangible medium or stored in an electronic or other medium if it isretrievable in perceivable form. Presentation of a certified copy of anorder for protection is not required for enforcement.
(c) Except as provided in subsection (d), a protection order that isfacially valid and issued by a court of a state (issuing state) or Indiantribe shall be accorded full faith and credit by Indiana courts.
(d) A mutual foreign protection order is not entitled to full faithand credit if the order is issued by a state or tribal court against aperson who has petitioned, filed a complaint, or otherwise filed awritten pleading for protection against a family or householdmember, unless:
(1) a separate petition or motion was filed by a respondent;
(2) the issuing court has reviewed each motion separately andgranted or denied each on its individual merits; and
(3) separate orders were issued and the issuing court madespecific findings that each party was entitled to an order.
(e) Registration or filing of a foreign protection order is not aprerequisite to enforcement of the order in Indiana, and a protectionorder that is consistent with this section shall be accorded full faith
and credit notwithstanding a failure to register or file the order inIndiana. However, if a petitioner wishes to register a foreignprotection order in Indiana, all Indiana courts of record shallaccommodate the request. The division of state court administrationshall develop a form to be used by courts, clerks, and lawenforcement agencies when a petitioner makes a request to registera foreign protection order. Except for a protective order issued to theIndiana protective order registry established by IC 5-2-9-5.5, thecourts, clerks of the courts, and sheriffs or law enforcement agenciesmaintaining depositories shall employ the same procedures requiredunder IC 5-2-9-6 for entering, modifying, extending, or terminatinga foreign protection order as those used for a protection order and ano contact order originating in Indiana.
(f) A facially valid foreign protection order shall be enforced bya law enforcement officer and a state court as if it were an orderoriginating in Indiana. The order must be enforced if the foreignprotection order contains relief that the state courts lack the power toprovide in an order for protection issued in Indiana.
(g) An Indiana law enforcement officer:
(1) may not require notification, registration, or filing of afacially valid foreign order for protection as a prerequisite toenforcement of an order;
(2) if a foreign protection order is not presented, may considerother information to determine under a totality of thecircumstances whether there is probable cause to believe that avalid foreign order for protection exists; and
(3) who determines that an otherwise valid foreign protectionorder cannot be enforced because a respondent has not beennotified 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 enteredinto the state depository;
(D) allow the respondent a reasonable opportunity to complywith the order before enforcing the order; and
(E) ensure the safety of the protected person while giving therespondent the opportunity to comply with the order.
(h) After a foreign protective order is registered, the clerk shallenter the order in the Indiana protective order registry established byIC 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 theIndiana data and communication system (IDACS) by a county sheriffor 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 inneed of services (CHINS) case.
(3) A no contact order issued under IC 31-34-25 in a CHINScase.
(4) A no contact order issued under IC 31-37-19 in adelinquency case.
(5) A no contact order issued under IC 31-37-25 in adelinquency case.
(6) A no contact order issued under IC 33-39-1-8 in a criminalcase.
(7) An order for protection issued under this chapter.
(8) A workplace violence restraining order issued underIC 34-26-6.
(9) A no contact order issued under IC 35-33-8-3.2 in a criminalcase.
(10) A no contact order issued under IC 35-38-2-2.3 in acriminal case.
(11) A child protective order issued under IC 31-34-2.3.
(12) A foreign protective order registered under section 17 ofthis 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 appointa guardian ad litem to represent the interests of a child of one (1) orboth 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, underIC 31-34-17, IC 31-37-16, or IC 34-26-2 (before their repeal) remainsin effect for the period indicated in the court order granting theprotective order.
(b) A protective order issued before July 1, 2002, underIC 31-14-16 or IC 31-15-5 remains in effect for the period indicatedin the court order granting the protective order.
(c) After June 30, 2002, a protected person must use the formsdeveloped by the division of state court administration under section3 of this chapter if the person is seeking an extension or amodification of an order issued under subsection (a) or (b).
As added by P.L.16-2009, SEC.32.