CHAPTER 9. PROTECTIVE ORDER DEPOSITORIES
IC 5-2-9
Chapter 9. Protective Order Depositories
IC 5-2-9-1
"Law enforcement agency" defined
Sec. 1. As used in this chapter, "law enforcement agency" meansthe department or agency of a city or town whose principal functionis the apprehension of criminal offenders.
As added by P.L.53-1989, SEC.1.
IC 5-2-9-1.2
"IDACS coordinator" defined
Sec. 1.2. As used in this chapter, "IDACS coordinator" means anindividual who holds an administrative position within a lawenforcement agency that has operational Indiana data andcommunication system (IDACS) terminals and who is appointed bythe director of the law enforcement agency.
As added by P.L.116-2009, SEC.1; P.L.130-2009, SEC.6. Amendedby P.L.1-2010, SEC.12.
IC 5-2-9-1.3
"County clerk" defined
Sec. 1.3. As used in this chapter, "county clerk" refers to the clerkof the circuit court.
As added by P.L.280-2001, SEC.3.
IC 5-2-9-1.4
"Indiana protective order registry" or "registry" defined
Sec. 1.4. As used in this chapter, "Indiana protective orderregistry" or "registry" means the Internet based registry of protectiveorders established under section 5.5 of this chapter and developedand maintained by the division of state court administration.
As added by P.L.116-2009, SEC.2; P.L.130-2009, SEC.7. Amendedby P.L.1-2010, SEC.13.
IC 5-2-9-1.5
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 5-2-9-1.6
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 5-2-9-1.7
"Protected person" defined
Sec. 1.7. As used in this chapter, "protected person" means aperson or an employer (as defined in IC 34-26-6-4) protected undera protective order, as defined in section 2.1 of this chapter.
As added by P.L.221-2003, SEC.1. Amended by P.L.116-2009,SEC.3; P.L.130-2009, SEC.8; P.L.1-2010, SEC.14.
IC 5-2-9-2
Repealed
(Repealed by P.L.1-1991, SEC.26.)
IC 5-2-9-2.1
"Protective order" defined
Sec. 2.1. (a) As used in this chapter, "protective order" means:
(1) a protective order issued under IC 34-26-5 (or, if the orderinvolved a family or household member, IC 34-26-2-12(1)(A),IC 34-26-2-12(1)(B), IC 34-26-2-12(1)(C),IC 34-4-5.1-5(a)(1)(A), IC 34-4-5.1-5(a)(1)(B), orIC 34-4-5.1-5(a)(1)(C) before their repeal);
(2) an ex parte protective order issued under IC 34-26-5 (or, ifthe order involved a family or household member, anemergency protective order issued under IC 34-26-2-6(1),IC 34-26-2-6(2), or IC 34-26-2-6(3) or IC 34-4-5.1-2.3(a)(1)(A),IC 34-4-5.1-2.3(a)(1)(B), or IC 34-4-5.1-2.3(a)(1)(C) beforetheir repeal);
(3) a protective order issued under IC 31-15-4-1 (orIC 31-1-11.5-7(b)(2), IC 31-1-11.5-7(b)(3), IC 31-16-4-2(a)(2),or IC 31-16-4-2(a)(3) before their repeal);
(4) a dispositional decree containing a no contact order issuedunder IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-19-6 (orIC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an ordercontaining a no contact order issued under IC 31-32-13 (orIC 31-6-7-14 before its repeal);
(5) a no contact order issued as a condition of pretrial release,including release on bail or personal recognizance, or pretrialdiversion;
(6) a no contact order issued as a condition of probation;
(7) a protective order issued under IC 31-15-5-1 (orIC 31-1-11.5-8.2 or IC 31-16-5 before their repeal);
(8) a protective order issued under IC 31-14-16-1 in a paternityaction;
(9) a no contact order issued under IC 31-34-25 in a child inneed of services proceeding or under IC 31-37-25 in a juveniledelinquency proceeding;
(10) a workplace violence restraining order issued underIC 34-26-6;
(11) a child protective order issued under IC 31-34-2.3; or
(12) a foreign protective order registered under IC 34-26-5-17.
(b) Whenever a protective order is issued by an Indiana court, theIndiana court must caption the order in a manner that indicates thetype of order issued and the section of the Indiana Code thatauthorizes the protective order. The Indiana court shall also place onthe order the court's hours of operation and telephone number witharea code.
As added by P.L.1-1991, SEC.27. Amended by P.L.49-1993, SEC.1;P.L.23-1994, SEC.1; P.L.1-1997, SEC.32; P.L.37-1997, SEC.1;P.L.2-1998, SEC.13; P.L.1-1998, SEC.66; P.L.1-2001, SEC.2;
P.L.280-2001, SEC.6; P.L.1-2002, SEC.15; P.L.133-2002, SEC.3;P.L.52-2007, SEC.1; P.L.116-2009, SEC.4; P.L.130-2009, SEC.9.
IC 5-2-9-3
"Sheriff" defined
Sec. 3. As used in this chapter, "sheriff" refers to a county sheriff.
As added by P.L.53-1989, SEC.1.
IC 5-2-9-4
Repealed
(Repealed by P.L.1-1991, SEC.28.)
IC 5-2-9-5
Depository established
Sec. 5. A depository is established in the office of each sheriff andlaw enforcement agency in Indiana for the purpose of collecting,maintaining, and retaining the following:
(1) Protective orders.
(2) No contact orders.
(3) Workplace violence restraining orders.
(4) Child protective orders.
As added by P.L.1-1991, SEC.29. Amended by P.L.49-1993, SEC.2;P.L.1-1997, SEC.33; P.L.1-1998, SEC.67; P.L.1-2001, SEC.3;P.L.280-2001, SEC.7; P.L.133-2002, SEC.4; P.L.52-2007, SEC.2.
IC 5-2-9-5.5
Indiana protective order registry; duties of division of state courtadministration
Sec. 5.5. (a) The Indiana protective order registry is established.
(b) The registry is an Internet based, electronic depository forprotective orders. Copies of all protective orders shall be retained inthe registry.
(c) The registry must contain confidential information aboutprotected persons.
(d) The division of state court administration shall create, manage,and maintain the registry.
(e) A protective order retained under section 5 of this chapter maybe entered in the registry.
(f) The division of state court administration shall make theprotective order registry established by this section available so thatcounty case management systems may interface with the protectiveorder registry by not later than December 31, 2009.
(g) The division of state court administration shall submitinformation concerning a standard protocol for county casemanagement systems to interface with the protective order registryto each:
(1) prosecuting attorney; and
(2) court.
As added by P.L.116-2009, SEC.5; P.L.130-2009, SEC.10. Amendedby P.L.1-2010, SEC.15.
IC 5-2-9-6 Version a
Copies of orders issued; confidential file; confidential form;registry
Note: This version of section amended by P.L.116-2009, SEC.6.See also following version of this section amended by P.L.130-2009,SEC.11.
Sec. 6. (a) The clerk of a court that issues a protective order shall:
(1) provide a copy of the order to the petitioner; and
(2) provide a copy of the order and service of process to therespondent or defendant in accordance with the rules of trialprocedure.
(b) The clerk of a court that issues a protective order or the clerkof a court in which a petition is filed shall maintain a confidential fileto secure any confidential information about a protected persondesignated on a uniform statewide form prescribed by the division ofstate court administration.
(c) This subsection applies to a protective order that a sheriff orlaw enforcement agency receives under subsection (a) before July 1,2009, and a confidential form under subsection (b) that is notretained in the registry. The sheriff or law enforcement agency shall:
(1) maintain a copy of the protective order in the depositoryestablished under this chapter;
(2) enter:
(A) the date and time the sheriff or law enforcement agencyreceives the protective order;
(B) the location of the person who is subject to theprotective order, if reasonably ascertainable from theinformation received;
(C) the name and identification number of the officer whoserves the protective order;
(D) the manner in which the protective order is served;
(E) the name of the petitioner and any other protectedparties;
(F) the name, Social Security number, date of birth, andphysical description of the person who is the subject of theprotective order, if reasonably ascertainable from theinformation received;
(G) the date the protective order expires;
(H) a caution indicator stating whether a person who is thesubject of the protective order is believed to be armed anddangerous, if reasonably ascertainable from the informationreceived; and
(I) if furnished, a Brady record indicator stating whether aperson who is the subject of the protective order isprohibited from purchasing or possessing a firearm orammunition under federal law, if reasonably ascertainablefrom the information received;
on the copy of the protective order or the confidential form; and
(3) except for a protective order that is retained in the registry,establish a confidential file in which a confidential form that
contains information concerning a protected person is kept.
(d) Except for a protective order that is retained in the registry, aprotective order may be removed from the depository establishedunder this chapter only if the sheriff or law enforcement agency thatadministers the depository receives:
(1) a notice of termination on a form prescribed or approved bythe division of state court administration;
(2) an order of the court; or
(3) a notice of termination and an order of the court.
(e) If a protective order in a depository established under thischapter is terminated, the person who obtained the order must file anotice of termination on a form prescribed or approved by thedivision of state court administration with the clerk of the court. Theclerk of the court shall:
(1) enter the notice of termination into; or
(2) provide a copy of the notice of termination to;
the registry and provide a copy of the notice of termination to eachof the depositories to which the protective order was sent. The clerkof the court shall maintain the notice of termination in the court's file.
(f) If a protective order or form is extended or modified, theperson who obtained the extension or modification must file a noticeof extension or modification on a form prescribed or approved by thedivision of state court administration with the clerk of the court.Except for a protective order retained in the registry, the clerk of thecourt shall provide a copy of the notice of extension or modificationof a protective order to each of the depositories to which the orderand a confidential form were sent. The clerk of the court shallmaintain the notice of extension or modification of a protective orderin the court's file.
(g) The clerk of a court that issued an order terminating aprotective order that is an ex parte order shall provide a copy of theorder to the following:
(1) Each party.
(2) Except for a protective order retained in the registry, the lawenforcement agency provided with a copy of a protective orderunder subsection (a).
As added by P.L.23-1994, SEC.2. Amended by P.L.31-1996, SEC.3;P.L.32-1996, SEC.3; P.L.280-2001, SEC.8; P.L.133-2002, SEC.5;P.L.221-2003, SEC.2; P.L.52-2007, SEC.3; P.L.116-2009, SEC.6.
IC 5-2-9-6 Version b
Copies of orders issued; confidential file; confidential form;depository
Note: This version of section amended by P.L.130-2009, SEC.11.See also preceding version of this section amended by P.L.116-2009,SEC.6.
Sec. 6. (a) The clerk of a court that issues a protective order shall:
(1) provide a copy of the order to the petitioner; and
(2) provide a copy of the order and service of process to therespondent or defendant in accordance with the rules of trial
procedure.
(b) The clerk of a court that issues a protective order or the clerkof a court in which a petition is filed shall maintain a confidential fileto secure any confidential information about a protected persondesignated on a uniform statewide form prescribed by the division ofstate court administration.
(c) This subsection applies to a protective order that a sheriff orlaw enforcement agency received under subsection (a) before July 1,2009, and a confidential form under subsection (b) that was notcreated in the registry. The sheriff or law enforcement agency shall:
(1) maintain a copy of the protective order in the depositoryestablished under this chapter;
(2) enter:
(A) the date and time the sheriff or law enforcement agencyreceives the protective order;
(B) the location of the person who is subject to theprotective order, if reasonably ascertainable from theinformation received;
(C) the name and identification number of the officer whoserves the protective order;
(D) the manner in which the protective order is served;
(E) the name of the petitioner and any other protectedparties;
(F) the name, Social Security number, date of birth, andphysical description of the person who is the subject of theprotective order, if reasonably ascertainable from theinformation received;
(G) the date the protective order expires;
(H) a caution indicator stating whether a person who is thesubject of the protective order is believed to be armed anddangerous, if reasonably ascertainable from the informationreceived; and
(I) if furnished, a Brady record indicator stating whether aperson who is the subject of the protective order isprohibited from purchasing or possessing a firearm orammunition under federal law, if reasonably ascertainablefrom the information received;
on the copy of the protective order or the confidential form; and
(3) except for a protective order that is created in the registry,establish a confidential file in which a confidential form thatcontains information concerning a protected person is kept.
(d) Except for a protective order that is created in the registry, aprotective order may be removed from the depository establishedunder this chapter only if the sheriff or law enforcement agency thatadministers the depository receives:
(1) a notice of termination on a form prescribed or approved bythe division of state court administration;
(2) an order of the court; or
(3) a notice of termination and an order of the court.
(e) If a protective order in a depository established under this
chapter is terminated, the person who obtained the order must file anotice of termination on a form prescribed or approved by thedivision of state court administration with the clerk of the court. Theclerk of the court shall:
(1) enter the notice of termination into the registry; or
(2) provide a copy of the notice of termination of a protectiveorder;
to the registry and to each of the depositories to which the protectiveorder was sent. The clerk of the court shall maintain the notice oftermination in the court's file.
(f) If a protective order or form is extended or modified, theperson who obtained the extension or modification must file a noticeof extension or modification on a form prescribed or approved by thedivision of state court administration with the clerk of the court.Except for a protective order created in the registry, the clerk of thecourt shall provide a copy of the notice of extension or modificationof a protective order to each of the depositories to which the orderand a confidential form were sent. The clerk of the court shallmaintain the notice of extension or modification of a protective orderin the court's file.
(g) The clerk of a court that issued an order terminating aprotective order that is an ex parte order shall provide a copy of theorder to the following:
(1) Each party.
(2) Except for a protective order created in the registry, the lawenforcement agency provided with a copy of a protective orderunder subsection (a).
As added by P.L.23-1994, SEC.2. Amended by P.L.31-1996, SEC.3;P.L.32-1996, SEC.3; P.L.280-2001, SEC.8; P.L.133-2002, SEC.5;P.L.221-2003, SEC.2; P.L.52-2007, SEC.3; P.L.130-2009, SEC.11.
IC 5-2-9-6.3
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 5-2-9-6.5
Information placed in the registry; law enforcement agency duties
Sec. 6.5. (a) After a court issues a protective order and issues theorder to the registry, an IDACS coordinator may provide additionalinformation about the parties in the order, including:
(1) dates of birth;
(2) Social Security numbers;
(3) driver license numbers; and
(4) physical descriptions of the parties;
to ensure the accuracy of the orders in the registry and informationin IDACS.
(b) A law enforcement agency that perfects service of a protectiveorder issued to the registry shall enter into the registry:
(1) the date and time the law enforcement agency received theprotective order; (2) the location of the person who is the subject of theprotective order, if this information is available;
(3) the name and identification number of the law enforcementofficer who served the protective order; and
(4) the manner in which the protective order was served.
As added by P.L.116-2009, SEC.7; P.L.130-2009, SEC.12. Amendedby P.L.1-2010, SEC.16.
IC 5-2-9-7
Confidentiality
Sec. 7. (a) Any information:
(1) in a uniform statewide confidential form or any part of aconfidential form prescribed by the division of state courtadministration that must be filed with a protective order; or
(2) otherwise acquired concerning a protected person;
is confidential and may not be divulged to any respondent ordefendant.
(b) Information described in subsection (a) may only be used by:
(1) a court;
(2) a sheriff;
(3) another law enforcement agency;
(4) a prosecuting attorney; or
(5) a court clerk;
to comply with a law concerning the distribution of the information.
As added by P.L.23-1994, SEC.3. Amended by P.L.280-2001,SEC.10; P.L.133-2002, SEC.6; P.L.52-2007, SEC.4; P.L.116-2009,SEC.8; P.L.130-2009, SEC.13.
IC 5-2-9-8 Version a
Entry of information into IDACS
Note: This version of section amended by P.L.116-2009, SEC.9.See also following version of this section amended by P.L.130-2009,SEC.14.
Sec. 8. Except for a protective order that is retained in theregistry, a law enforcement agency that receives a copy of aprotective order shall enter the information received into the Indianadata and communication system (IDACS) computer underIC 10-13-3-35 upon receiving a copy of the order.
As added by P.L.31-1996, SEC.4 and P.L.32-1996, SEC.4. Amendedby P.L.280-2001, SEC.11; P.L.133-2002, SEC.7; P.L.97-2004,SEC.18; P.L.52-2007, SEC.5; P.L.116-2009, SEC.9.
IC 5-2-9-8 Version b
Entry of information into IDACS
Note: This version of section amended by P.L.130-2009, SEC.14.See also preceding version of this section amended by P.L.116-2009,SEC.9.
Sec. 8. Except for a protective order that is created in the registry,a law enforcement agency that receives a copy of a protective ordershall enter the information received into the Indiana data and
communication system (IDACS) computer under IC 10-13-3-35 uponreceiving a copy of the order.
As added by P.L.31-1996, SEC.4 and P.L.32-1996, SEC.4. Amendedby P.L.280-2001, SEC.11; P.L.133-2002, SEC.7; P.L.97-2004,SEC.18; P.L.52-2007, SEC.5; P.L.130-2009, SEC.14.