CHAPTER 6. WORKPLACE VIOLENCE RESTRAINING ORDERS

IC 34-26-6
    Chapter 6. Workplace Violence Restraining Orders

IC 34-26-6-0.5
Application
    Sec. 0.5. This chapter does not apply to a case involving orgrowing out of a labor dispute covered by IC 22-6-1.
As added by P.L.221-2003, SEC.11.

IC 34-26-6-1
"Course of conduct"
    Sec. 1. As used in this chapter, "course of conduct" means apattern of conduct composed of a series of acts over a period of time,however short, indicating a continuity of purpose, that includes thefollowing:
        (1) Following or stalking an employee to or from the employee'splace of work.
        (2) Entering the employee's place of work.
        (3) Following an employee during the employee's hours ofemployment.
        (4) Making telephone calls to an employee during theemployee's hours of employment.
        (5) Sending correspondence to an employee by means such aspublic or private mail, interoffice mail, fax, or electronic mail.
As added by P.L.133-2002, SEC.57.

IC 34-26-6-2
"Credible threat of violence"
    Sec. 2. As used in this chapter, "credible threat of violence"means a knowing and willful statement or course of conduct thatdoes not serve a legitimate purpose and that causes a reasonableperson to fear for the person's safety or for the safety of the person'simmediate family.
As added by P.L.133-2002, SEC.57.

IC 34-26-6-3
"Employee"
    Sec. 3. As used in this chapter, "employee" means:
        (1) a person employed or permitted to work or perform a servicefor remuneration;
        (2) a member of a board of directors for a private, public, orquasi-public corporation;
        (3) an elected or appointed public officer; and
        (4) a volunteer or an independent contractor who performsservices for an employer at the employer's place of work.
As added by P.L.133-2002, SEC.57. Amended by P.L.221-2003,SEC.12.

IC 34-26-6-4
"Employer"    Sec. 4. As used in this chapter, "employer" means:
        (1) an individual;
        (2) a partnership;
        (3) an association;
        (4) a limited liability company;
        (5) a corporation;
        (6) a business trust;
        (7) the state;
        (8) a governmental agency; or
        (9) a political subdivision;
that has at least two (2) employees during any work week.
As added by P.L.133-2002, SEC.57. Amended by P.L.221-2003,SEC.13.

IC 34-26-6-5
"Unlawful violence"
    Sec. 5. As used in this chapter, "unlawful violence", except forlawful acts of self-defense or defense of others, means battery underIC 35-42-2 or stalking under IC 35-45-10.
As added by P.L.133-2002, SEC.57.

IC 34-26-6-6
Employer may seek restraining order or injunction
    Sec. 6. An employer may seek a temporary restraining order orinjunction on behalf of an employee to prohibit further violence orthreats of violence by a person if:
        (1) the employee has suffered unlawful violence or a crediblethreat of violence from the person; and
        (2) the unlawful violence has been carried out at the employee'splace of work or the credible threat of violence can reasonablybe construed to be carried out at the employee's place of workby the person.
As added by P.L.133-2002, SEC.57.

IC 34-26-6-7
Affidavit; irreparable harm
    Sec. 7. A plaintiff may obtain a temporary restraining order undersection 6 of this chapter by filing a petition for an injunction if theplaintiff:
        (1) files an affidavit that shows, to the satisfaction of the court,reasonable proof that an employee has suffered unlawfulviolence or a credible threat of violence by the defendant; and
        (2) demonstrates that great or irreparable harm has beensuffered by the employee or will be suffered by the employee.
As added by P.L.133-2002, SEC.57.

IC 34-26-6-8
Hearing; responsive pleading; burden of proof
    Sec. 8. A court shall hold a hearing not more than fifteen (15)days after a petition for an injunction is filed under section 7 of this

chapter. The defendant may file a cross-complaint or a responsivepleading that explains, excuses, justifies, or denies the allegedunlawful violence or credible threat of violence. The court shall:
        (1) receive testimony and may make independent inquiry; and
        (2) if the defendant is a current employee of the entityrequesting the injunction, receive testimony of the employer'sdecision to retain, terminate, or otherwise discipline thedefendant.
If the judge finds by clear and convincing evidence that thedefendant engaged in unlawful violence or made a credible threat ofviolence, the judge shall issue an injunction prohibiting furtherunlawful violence or credible threats of violence.
As added by P.L.133-2002, SEC.57.

IC 34-26-6-9
Effective dates; renewal
    Sec. 9. An injunction issued under section 8 of this chapter mayremain in effect for not more than three (3) years. Not more thanthree (3) months before the expiration of an injunction, a plaintiffmay apply for a renewal of the injunction by filing a new petitionunder section 8 of this chapter.
As added by P.L.133-2002, SEC.57.

IC 34-26-6-10
Service
    Sec. 10. A defendant shall be personally served with a copy of thepetition, temporary restraining order, if any, and a notice of thehearing not less than five (5) days before the hearing. However, thecourt may, for good cause, upon the filing of a motion by a plaintiffor upon the court's own motion, shorten the time for service on thedefendant.
As added by P.L.133-2002, SEC.57.

IC 34-26-6-11
Delivery to law enforcement agency; availability of information inorder or injunction to responding law enforcement officers
    Sec. 11. The court shall order a plaintiff or the attorney for aplaintiff to deliver a copy of each:
        (1) temporary restraining order;
        (2) injunction;
        (3) modification of a temporary restraining order or aninjunction; and
        (4) termination of a temporary restraining order or aninjunction;
to a law enforcement agency that is requested by a plaintiff andapproved by the court. The copies under subdivisions (1) through (4)must be delivered by the close of the business day on which the orderis granted. Each law enforcement agency shall make information onthe existence and status of an order available to a law enforcementofficer responding to the scene of unlawful violence or a credible

threat of violence.
As added by P.L.133-2002, SEC.57.

IC 34-26-6-12
Intentional violation; invasion of privacy
    Sec. 12. An intentional violation of a temporary restraining orderor an injunction issued under this chapter is punishable as set forthunder IC 35-46-1-15.1.
As added by P.L.133-2002, SEC.57.

IC 34-26-6-13
Forms; instructions; rules; transmission to IDACS
    Sec. 13. (a) The division of state court administration shalldevelop forms, instructions, and rules for the scheduling of hearingsand other procedures under this chapter. A party to an action underthis chapter must use the forms developed by the division of statecourt administration.
    (b) A temporary restraining order or an injunction issued forharassment or domestic or family violence under this chapter mustbe issued on forms adopted and approved by the division of statecourt administration and must be consistent with IC 34-26-5-3.However, an order or injunction issued under this section is notrendered unenforceable solely because it is not issued on formsadopted and approved by the division of state court administration.
    (c) Information in a temporary restraining order or an injunctionrelating to harassment or domestic or family violence must betransmitted to the Indiana data and communication system (IDACS)as required under IC 34-26-5-18.
As added by P.L.133-2002, SEC.57.

IC 34-26-6-14
Fees
    Sec. 14. A filing fee may not be charged for a petition that allegesthat a person has:
        (1) inflicted or threatened violence against an employee of theplaintiff;
        (2) stalked an employee of the plaintiff; or
        (3) spoken in a manner that has placed an employee inreasonable fear of violence;
and that seeks a temporary restraining order or an injunction torestrain future violence or threats of violence. A filing fee may notbe charged for a responsive pleading described under section 8 ofthis chapter.
As added by P.L.133-2002, SEC.57. Amended by P.L.221-2003,SEC.14.

IC 34-26-6-15
Limitations on orders and injunctions
    Sec. 15. This chapter may not be construed to:
        (1) permit a court to issue a temporary restraining order or an

injunction that prohibits speech or any other activity that isconstitutionally protected or otherwise protected by anotherlaw;
        (2) prevent either party from representation by private counselor from pro se representation; or
        (3) expand, diminish, alter, or modify the duty, if any, of anemployer to provide a safe workplace for an employee oranother person.
As added by P.L.133-2002, SEC.57.