IC 31-15-4
Chapter 4. Provisional Orders in Dissolution and Legal Separation
Actions
IC 31-15-4-1 Motions
Sec. 1. (a) In an action for dissolution of marriage under
IC 31-15-2 or legal separation under IC 31-15-3, either party may file
a motion for any of the following:
(1) Temporary maintenance.
(2) Temporary support or custody of a child of the marriage
entitled 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 which
the case is pending, and the court may not require the moving party
to give security. If the petitioner requests an ex parte protective
order, 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 this
subsection 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 this
chapter, the motion must be accompanied by an affidavit setting forth
the 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, for
support or custody of a child, or for possession of property under
section 1 of this chapter or by independent motion accompanied by
affidavit, either party may request the court to issue a temporary
restraining order:
(1) restraining any person from transferring, encumbering,
concealing, or in any way disposing of any property, except in
the 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 custody
of a child, or possession of property under section 1 of this chapter
shall 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 custody
of child
Sec. 5. The court shall immediately schedule a preliminary
hearing 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 the
court finds on the basis of the moving party's affidavit that injury
would result to the moving party if an immediate order were not
issued. 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 temporary
maintenance or support in such amounts and on such terms that are
just and proper. However, the court shall require that the support
payments be made through the clerk of the circuit court as trustee for
remittance to the person entitled to receive benefits, unless the court
has reasonable grounds for providing or approving another method
of 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 and
conditions that the court considers appropriate if:
(1) either party makes a motion for counseling in an effort to
improve conditions of their marriage;
(2) a party, the child of the parties, the child's guardian ad litem
or court appointed special advocate, or the court makes a
motion for counseling for the child; or
(3) the court makes a motion for counseling for parties who are
the 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 parties
under section 9 of this chapter:
(1) without the consent of both parties; or
(2) if there is evidence that the other party has demonstrated a
pattern of domestic or family violence against a family or
household 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 venue
or change from the judge during the period before the court makes a
determination under section 6 of this chapter does not divest the
court 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 provisional
orders
Sec. 12. If the court grants a change of venue or change from the
judge after the preliminary order of support, custody, or parenting
time is issued, either party may:
(1) file a petition for a subsequent preliminary hearing on the
issue of temporary child support, temporary custody, or
parenting time;
(2) seek relief from the original order; and
(3) request that the court conduct a hearing relating to any other
temporary 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 final
hearing 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 or
modified before the final decree on a showing of the facts
appropriate 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.)
IC 31-15-4
Chapter 4. Provisional Orders in Dissolution and Legal Separation
Actions
IC 31-15-4-1 Motions
Sec. 1. (a) In an action for dissolution of marriage under
IC 31-15-2 or legal separation under IC 31-15-3, either party may file
a motion for any of the following:
(1) Temporary maintenance.
(2) Temporary support or custody of a child of the marriage
entitled 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 which
the case is pending, and the court may not require the moving party
to give security. If the petitioner requests an ex parte protective
order, 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 this
subsection 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 this
chapter, the motion must be accompanied by an affidavit setting forth
the 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, for
support or custody of a child, or for possession of property under
section 1 of this chapter or by independent motion accompanied by
affidavit, either party may request the court to issue a temporary
restraining order:
(1) restraining any person from transferring, encumbering,
concealing, or in any way disposing of any property, except in
the 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 custody
of a child, or possession of property under section 1 of this chapter
shall 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 custody
of child
Sec. 5. The court shall immediately schedule a preliminary
hearing 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 the
court finds on the basis of the moving party's affidavit that injury
would result to the moving party if an immediate order were not
issued. 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 temporary
maintenance or support in such amounts and on such terms that are
just and proper. However, the court shall require that the support
payments be made through the clerk of the circuit court as trustee for
remittance to the person entitled to receive benefits, unless the court
has reasonable grounds for providing or approving another method
of 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 and
conditions that the court considers appropriate if:
(1) either party makes a motion for counseling in an effort to
improve conditions of their marriage;
(2) a party, the child of the parties, the child's guardian ad litem
or court appointed special advocate, or the court makes a
motion for counseling for the child; or
(3) the court makes a motion for counseling for parties who are
the 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 parties
under section 9 of this chapter:
(1) without the consent of both parties; or
(2) if there is evidence that the other party has demonstrated a
pattern of domestic or family violence against a family or
household 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 venue
or change from the judge during the period before the court makes a
determination under section 6 of this chapter does not divest the
court 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 provisional
orders
Sec. 12. If the court grants a change of venue or change from the
judge after the preliminary order of support, custody, or parenting
time is issued, either party may:
(1) file a petition for a subsequent preliminary hearing on the
issue of temporary child support, temporary custody, or
parenting time;
(2) seek relief from the original order; and
(3) request that the court conduct a hearing relating to any other
temporary 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 final
hearing 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 or
modified before the final decree on a showing of the facts
appropriate 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.)
IC 31-15-4
Chapter 4. Provisional Orders in Dissolution and Legal Separation
Actions
IC 31-15-4-1 Motions
Sec. 1. (a) In an action for dissolution of marriage under
IC 31-15-2 or legal separation under IC 31-15-3, either party may file
a motion for any of the following:
(1) Temporary maintenance.
(2) Temporary support or custody of a child of the marriage
entitled 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 which
the case is pending, and the court may not require the moving party
to give security. If the petitioner requests an ex parte protective
order, 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 this
subsection 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 this
chapter, the motion must be accompanied by an affidavit setting forth
the 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, for
support or custody of a child, or for possession of property under
section 1 of this chapter or by independent motion accompanied by
affidavit, either party may request the court to issue a temporary
restraining order:
(1) restraining any person from transferring, encumbering,
concealing, or in any way disposing of any property, except in
the 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 custody
of a child, or possession of property under section 1 of this chapter
shall 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 custody
of child
Sec. 5. The court shall immediately schedule a preliminary
hearing 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 the
court finds on the basis of the moving party's affidavit that injury
would result to the moving party if an immediate order were not
issued. 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 temporary
maintenance or support in such amounts and on such terms that are
just and proper. However, the court shall require that the support
payments be made through the clerk of the circuit court as trustee for
remittance to the person entitled to receive benefits, unless the court
has reasonable grounds for providing or approving another method
of 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 and
conditions that the court considers appropriate if:
(1) either party makes a motion for counseling in an effort to
improve conditions of their marriage;
(2) a party, the child of the parties, the child's guardian ad litem
or court appointed special advocate, or the court makes a
motion for counseling for the child; or
(3) the court makes a motion for counseling for parties who are
the 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 parties
under section 9 of this chapter:
(1) without the consent of both parties; or
(2) if there is evidence that the other party has demonstrated a
pattern of domestic or family violence against a family or
household 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 venue
or change from the judge during the period before the court makes a
determination under section 6 of this chapter does not divest the
court 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 provisional
orders
Sec. 12. If the court grants a change of venue or change from the
judge after the preliminary order of support, custody, or parenting
time is issued, either party may:
(1) file a petition for a subsequent preliminary hearing on the
issue of temporary child support, temporary custody, or
parenting time;
(2) seek relief from the original order; and
(3) request that the court conduct a hearing relating to any other
temporary 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 final
hearing 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 or
modified before the final decree on a showing of the facts
appropriate 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.)
