reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-1. Prevention of Domestic Violence, Family Violence, and Harassment

Sec. 1. This chapter shall be construed to promote the:
(1) protection and safety of all victims of domestic or family violence in a fair, prompt, and effective manner;
(2) protection and safety of all victims of harassment in a fair, prompt, and effective manner; and
(3) prevention of future domestic violence, family violence, and harassment.
As added by P.L.133-2002, SEC.56. Amended by P.L.266-2019, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-4. Jurisdiction; Venue

Sec. 4. (a) Any court of record has jurisdiction to issue a civil order for protection.
(b) A petition for an order for protection must be filed in the county in which the:
(1) petitioner currently or temporarily resides;
(2) respondent resides; or
(3) domestic or family violence or harassment occurred.
(c) There is no minimum residency requirement to petition for an order for protection.
(d) If a court has jurisdiction over an action that relates to the subject matter of the requested civil order for protection under section 2(b) or 2(c)(3) of this chapter, either because of an action pending in that court or in the exercise of the court's continuing jurisdiction, the petitioner must file the petition for an order for protection in that court.
As added by P.L.133-2002, SEC.56. Amended by P.L.266-2019, SEC.7.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-5. Duty to Inform Court of Other Legal Proceedings Involving a Party or Child of a Party

Sec. 5. At a hearing to obtain an order for protection, each party has 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 juvenile court; and
(4) each criminal case;
involving a party or a child of a party. The information provided under this section must include the case name, the case number, and the county and state in which the proceeding is held, if that information is known by the party.
As added by P.L.133-2002, SEC.56.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-6. Rules

Sec. 6. The following rules apply to an order for protection issued under 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 of another pending proceeding.
(3) A court may not delay granting relief because of the existence of a pending action between the petitioner and respondent.
(4) If a person who petitions for an ex parte order for protection also 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 immediately consider the ex parte petition and then transfer that matter to the court in which the other case is pending.
(5) If a person files a petition for an order of protection requesting relief that:
(A) does not require a hearing under sections 9(c) and 10(a) through 10(b) of this chapter; and
(B) requires a hearing under sections 9(d) and 10(c) of this chapter;
the court may issue an ex parte order for protection providing relief under clause (A) at any time before the required hearing under clause (B).
As added by P.L.133-2002, SEC.56. Amended by P.L.221-2003, SEC.9; P.L.266-2019, SEC.8; P.L.159-2022, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-7. Address Confidentiality

Sec. 7. A petitioner may omit the petitioner's address from all nonconfidential documents filed with a court. However, a petitioner must provide the court with complete information concerning the protected address on the uniform statewide confidential form and on other confidential forms developed by the office of judicial administration under section 3 of this chapter. A petitioner shall also provide the clerk with a public mailing address for purposes of serving pleadings, notices, and court orders. The petitioner may use the address confidentiality program under IC 5-26.5. If disclosure of a petitioner's address is necessary to determine jurisdiction or to consider 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 a respondent with a sealed record made; or
(3) after a hearing in which the court considers the safety of a petitioner and finds that disclosure of the address is in the interest of justice.
As added by P.L.133-2002, SEC.56. Amended by P.L.221-2003, SEC.10; P.L.161-2018, SEC.108.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 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 by the office of judicial administration and for transmitting those forms 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; P.L.161-2018, SEC.109.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-10. Hearing After Ex Parte Order

Sec. 10. (a) If a court issues:
(1) an order for protection ex parte effective for a period described under section 9(f) of this chapter; or
(2) a modification of an order for protection ex parte effective for a period described under section 9(f) of this chapter;
and provides relief under section 9(c) of this chapter, upon a request by either party at any time after service of the order or modification, the court shall set a date for a hearing on the petition. Except as provided in subsection (c), the hearing must be held not more than thirty (30) days after the request for a hearing is filed unless continued by the court for good cause shown. The court shall notify both parties by first class mail of the date and time of the hearing. A party may only request one (1) hearing on a petition under this subsection.
(b) If a court issues:
(1) an order for protection ex parte effective for a period described under section 9(g) of this chapter; or
(2) a modification of an order for protection ex parte effective for a period described under section 9(g) of this chapter;
and provides relief under section 9(c) of this chapter, upon a request by either party not more than thirty (30) days after service of the order or modification, the court shall set a date for a hearing on the petition. Except as provided in subsection (c), the hearing must be held not more than thirty (30) days after the request for a hearing is filed unless continued by the court for good cause shown. The court shall notify both parties by first class mail of the date and time of the hearing. A party may only request one (1) hearing on a petition under this subsection.
(c) A court shall set a date for a hearing on the petition not more than thirty (30) days after the filing of the petition if a court issues an order for protection ex parte or a modification of an order of protection ex parte and:
(1) a petitioner requests or the court provides relief under section 9(c)(4), 9(c)(6), 9(c)(7), 9(c)(8), or 9(c)(9) of this chapter; or
(2) a petitioner requests relief under section 9(d)(2), 9(d)(3), or 9(d)(4) of this chapter.
The hearing must be given precedence over all matters pending in the court except older matters of the same character.
(d) In a hearing under this section:
(1) relief under section 9 of this chapter is available; and
(2) if a respondent seeks relief concerning an issue not raised by a petitioner, the court may continue the hearing at the petitioner's request.
As added by P.L.133-2002, SEC.56. Amended by P.L.112-2017, SEC.2; P.L.266-2019, SEC.10; P.L.159-2022, SEC.3; P.L.178-2022(ts), SEC.21; P.L.172-2023, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-11. Exclusion From Residence Not Waived by Invitation From Petitioner

Sec. 11. If a respondent is excluded from the residence of a petitioner or ordered to stay away from a petitioner, an invitation by the petitioner to do so does not waive or nullify an order for protection.
As added by P.L.133-2002, SEC.56.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 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 in open court;
the court shall without delay or any conditions dismiss the case without prejudice.
As added by P.L.133-2002, SEC.56.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 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 9 of this chapter solely because of a lapse of time between an act of domestic or family violence or harassment and the filing of a petition.
As added by P.L.133-2002, SEC.56. Amended by P.L.266-2019, SEC.11.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-14. Prohibition on Mutual Orders

Sec. 14. (a) A court may not grant a mutual order for protection to opposing parties.
(b) If both parties allege injury, the parties shall do so by separate petitions. The trial court shall review each petition separately in an individual or a consolidated hearing and grant or deny each petition on the petition's individual merits. If the trial court finds cause to grant both petitions, the court shall do so by separate orders with specific findings justifying the issuance of each order.
As added by P.L.133-2002, SEC.56.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 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 protection regarding family or domestic violence. This section may not be construed to preclude mediation in other cases involving the same parties.
As added by P.L.133-2002, SEC.56.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 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 enforcement as provided in this chapter, including a proceeding concerning a foreign protection order as described in section 17 of this chapter. This section may not be construed to prevent the collecting of costs from a party against whom an order for protection is sought if the court finds a claim to be meritorious and issues an order for protection under this chapter.
As added by P.L.133-2002, SEC.56. Amended by P.L.176-2005, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-18. Orders Entered Into Indiana Data and Communication System (Idacs)

Sec. 18. The following orders are required to be entered into the Indiana data and communication system (IDACS) by a county sheriff or 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 in need of services (CHINS) case.
(3) A no contact order issued under IC 31-34-25 in a CHINS case.
(4) A no contact order issued under IC 31-37-19 in a delinquency case.
(5) A no contact order issued under IC 31-37-25 in a delinquency case.
(6) A no contact order issued under IC 33-39-1-8 in a criminal case.
(7) An order for protection issued under this chapter.
(8) A workplace violence restraining order issued under IC 34-26-6.
(9) A no contact order issued under IC 35-33-8-3.2 in a criminal case.
(10) A no contact order issued under IC 35-38-2-2.3 in a criminal case.
(11) A child protective order issued under IC 31-34-2.3.
(12) A foreign protective order registered under section 17 of this 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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-19. Guardian Ad Litem

Sec. 19. In a proceeding under this chapter, a court may appoint a guardian ad litem to represent the interests of a child of one (1) or both parents.
As added by P.L.133-2002, SEC.56.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-20. Effect of Certain Protective Orders; Use of Forms

Sec. 20. (a) A protective order issued before July 1, 2002, under IC 31-34-17, IC 31-37-16, or IC 34-26-2 (before their repeal) remains in effect for the period indicated in the court order granting the protective order.
(b) A protective order issued before July 1, 2002, under IC 31-14-16 or IC 31-15-5 remains in effect for the period indicated in the court order granting the protective order.
(c) After June 30, 2002, a protected person must use the forms developed by the office of judicial administration under section 3 of this chapter if the person is seeking an extension or a modification of an order issued under subsection (a) or (b).
As added by P.L.16-2009, SEC.32. Amended by P.L.161-2018, SEC.111.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 5. Indiana Civil Protection Order Act › 34-26-5-21. Ex Parte Order; Telephonic Services

Sec. 21. (a) As used in this section, "financial responsibility" means an obligation to pay monthly service fees and other costs and charges associated with any telephone number.
(b) As used in this section, "provider" means a person or entity that provides commercial mobile service (as defined in 47 U.S.C. 332).
(c) A petitioner for an order for protection may request that the court issuing the order for protection require a provider to transfer to the petitioner a telephone number that is used by:
(1) the petitioner; or
(2) a minor child in the petitioner's custody.
(d) The court may order a provider to transfer to a petitioner the sole:
(1) right to continued use of a telephone number; and
(2) financial responsibility for services associated with a telephone number.
(e) A provider shall terminate the respondent's use of a telephone number that the petitioner has sought to transfer under subsection (d), unless the provider notifies the petitioner and the court within seventy-two (72) hours after issuance of the order described in subsection (d):
(1) that an account holder named in the order for protection has terminated the account; or
(2) that the requested transfer, if completed, would:
(A) impair proper function of a wireless device;
(B) result in network or service disruption; or
(C) cause another technical or operational issue.
(f) A petitioner for an order for protection has exclusive:
(1) rights to use; and
(2) financial control of;
any telephone number that is transferred under this section.
(g) A provider's customary requirements for establishing an account and transferring a telephone number apply to a transfer made under this section. The provider's requirements may include:
(1) proof of the petitioner's identity;
(2) the petitioner's financial information; and
(3) the petitioner's customer preferences.
(h) A provider is immune from civil liability for complying with an order to transfer a telephone number under this section.
(i) The court issuing an order for protection described in this section shall serve the order on the wireless service provider's agent for service of process listed with the secretary of state.
As added by P.L.112-2017, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 34-26-6-0.5. Application

Sec. 0.5. This chapter does not apply to a case involving or growing out of a labor dispute covered by IC 22-6-1.
As added by P.L.221-2003, SEC.11.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 34-26-6-1. "Course of Conduct"

Sec. 1. As used in this chapter, "course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, indicating a continuity of purpose, that includes the following:
(1) Following or stalking an employee to or from the employee's place of work.
(2) Entering the employee's place of work.
(3) Following an employee during the employee's hours of employment.
(4) Making telephone calls to an employee during the employee's hours of employment.
(5) Sending correspondence to an employee by means such as public or private mail, interoffice mail, fax, or electronic mail.
As added by P.L.133-2002, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 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 that does not serve a legitimate purpose and that causes a reasonable person to fear for the person's safety or for the safety of the person's immediate family.
As added by P.L.133-2002, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 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 service for remuneration;
(2) a member of a board of directors for a private, public, or quasi-public corporation;
(3) an elected or appointed public officer; and
(4) a volunteer or an independent contractor who performs services 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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 34-26-6-5. "Unlawful Violence"

Sec. 5. As used in this chapter, "unlawful violence", except for lawful acts of self-defense or defense of others, means battery under IC 35-42-2 or stalking under IC 35-45-10.
As added by P.L.133-2002, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 34-26-6-6. Employer May Seek Restraining Order or Injunction

Sec. 6. An employer may seek a temporary restraining order or injunction on behalf of an employee to prohibit further violence or threats of violence by a person if:
(1) the employee has suffered unlawful violence or a credible threat of violence from the person; and
(2) the unlawful violence has been carried out at the employee's place of work or the credible threat of violence can reasonably be construed to be carried out at the employee's place of work by the person.
As added by P.L.133-2002, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 34-26-6-7. Affidavit; Irreparable Harm

Sec. 7. A plaintiff may obtain a temporary restraining order under section 6 of this chapter by filing a petition for an injunction if the plaintiff:
(1) files an affidavit that shows, to the satisfaction of the court, reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the defendant; and
(2) demonstrates that great or irreparable harm has been suffered by the employee or will be suffered by the employee.
As added by P.L.133-2002, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 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 responsive pleading that explains, excuses, justifies, or denies the alleged unlawful 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 entity requesting the injunction, receive testimony of the employer's decision to retain, terminate, or otherwise discipline the defendant.
If the judge finds by clear and convincing evidence that the defendant engaged in unlawful violence or made a credible threat of violence, the judge shall issue an injunction prohibiting further unlawful violence or credible threats of violence.
As added by P.L.133-2002, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 34-26-6-9. Effective Dates; Renewal

Sec. 9. An injunction issued under section 8 of this chapter may remain in effect for not more than three (3) years. Not more than three (3) months before the expiration of an injunction, a plaintiff may apply for a renewal of the injunction by filing a new petition under section 8 of this chapter.
As added by P.L.133-2002, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 34-26-6-10. Service

Sec. 10. A defendant shall be personally served with a copy of the petition, temporary restraining order, if any, and a notice of the hearing not less than five (5) days before the hearing. However, the court may, for good cause, upon the filing of a motion by a plaintiff or upon the court's own motion, shorten the time for service on the defendant.
As added by P.L.133-2002, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 34-26-6-11. Delivery to Law Enforcement Agency; Availability of Information in Order or Injunction to Responding Law Enforcement Officers

Sec. 11. The court shall order a plaintiff or the attorney for a plaintiff to deliver a copy of each:
(1) temporary restraining order;
(2) injunction;
(3) modification of a temporary restraining order or an injunction; and
(4) termination of a temporary restraining order or an injunction;
to a law enforcement agency that is requested by a plaintiff and approved by the court. The copies under subdivisions (1) through (4) must be delivered by the close of the business day on which the order is granted. Each law enforcement agency shall make information on the existence and status of an order available to a law enforcement officer responding to the scene of unlawful violence or a credible threat of violence.
As added by P.L.133-2002, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 34-26-6-12. Intentional Violation; Invasion of Privacy

Sec. 12. An intentional violation of a temporary restraining order or an injunction issued under this chapter is punishable as set forth under IC 35-46-1-15.1.
As added by P.L.133-2002, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 34-26-6-13. Forms; Instructions; Rules; Transmission to Idacs

Sec. 13. (a) The office of judicial administration shall develop forms, instructions, and rules for the scheduling of hearings and other procedures under this chapter. A party to an action under this chapter must use the forms developed by the office of judicial administration.
(b) A temporary restraining order or an injunction issued for harassment or domestic or family violence under this chapter must be issued on forms adopted and approved by the office of judicial administration and must be consistent with IC 34-26-5-3. However, an order or injunction issued under this section is not rendered unenforceable solely because it is not issued on forms adopted and approved by the office of judicial administration.
(c) Information in a temporary restraining order or an injunction relating to harassment or domestic or family violence must be transmitted 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. Amended by P.L.161-2018, SEC.112.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 34-26-6-14. Fees

Sec. 14. A filing fee may not be charged for a petition that alleges that a person has:
(1) inflicted or threatened violence against an employee of the plaintiff;
(2) stalked an employee of the plaintiff; or
(3) spoken in a manner that has placed an employee in reasonable fear of violence;
and that seeks a temporary restraining order or an injunction to restrain future violence or threats of violence. A filing fee may not be charged for a responsive pleading described under section 8 of this chapter.
As added by P.L.133-2002, SEC.57. Amended by P.L.221-2003, SEC.14.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 6. Workplace Violence Restraining Orders › 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 is constitutionally protected or otherwise protected by another law;
(2) prevent either party from representation by private counsel or from pro se representation; or
(3) expand, diminish, alter, or modify the duty, if any, of an employer to provide a safe workplace for an employee or another person.
As added by P.L.133-2002, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 7.5. Petitions to Expunge Protection Orders › 34-26-7.5-1. Application

Sec. 1. This chapter applies to a person named as the subject of a protection order, and if one (1) of the following applies:
(1) A protection order was issued to the plaintiff, but is subsequently terminated due to the:
(A) dismissal of the petition before a court hearing on the protection order;
(B) denial of the protection order upon the order of the court; or
(C) failure of the plaintiff to appear to the court hearing on the protection order.
(2) A protection order was reversed or vacated by an appellate court.
(3) A petition for a protection order was filed but the court did not grant the petition.
As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 7.5. Petitions to Expunge Protection Orders › 34-26-7.5-2. Definitions

Sec. 2. The following definitions apply throughout this chapter:
(1) "Protection order" means an Indiana civil protection order under IC 34-26-5. The term includes an order for protection and an order for protection ex parte.
(2) "Protection order records" means an Indiana civil protection order under IC 34-26-5 and all records that relate to the protection order, including the petition for the protection order.
(3) "Subject of a protection order" means the person against whom a protection order was issued.
(4) "Plaintiff" means the person for whom a protection order was issued.
(5) "Expungement" means the sealing of protection order records from public inspection, but not from a law enforcement agency or the court.
As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 7.5. Petitions to Expunge Protection Orders › 34-26-7.5-3. Petition to Expunge Protection Order Records

Sec. 3. (a) At any time after a court dismisses or denies an order for protection following issuance of an order for protection ex parte, as described in section 1(1) of this chapter, the subject of the protection order may petition to expunge protection order records:
(1) with the court that issued or denied the protection order; and
(2) in the cause the protection order was issued under.
(b) A petition seeking to expunge protection order records must be filed under seal, verified, and include the following information:
(1) The petitioner's full name.
(2) The petitioner's date of birth.
(3) The petitioner's address.
(4) The case number or court cause number, if available.
(5) The petitioner's Social Security number.
(6) The petitioner's driver's license number.
(7) The date of the order for protection or order for protection ex parte, if applicable.
(8) A description of why the petitioner is entitled to relief, including all relevant dates.
(9) Certified copies of the following, if applicable:
(A) The order for protection.
(B) The order for protection ex parte.
(C) The order denying an order for protection.
(D) The opinion from the appellate court reversing or vacating an order for protection or an order for protection ex parte.
(c) The petition may include any other information that the petitioner believes may assist the court.
As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 7.5. Petitions to Expunge Protection Orders › 34-26-7.5-4. Duties of Court Upon Receipt of Petition to Expunge Protection Order

Sec. 4. (a) Unless the petition is incomplete, or the petition conclusively indicates that the petitioner is not entitled to relief, the court shall:
(1) redact the petitioner's:
(A) date of birth;
(B) Social Security number; and
(C) driver's license number;
from the petition;
(2) serve a copy of the redacted petition under subdivision (1) on the plaintiff who originally sought the protection order; and
(3) set the matter for hearing.
The plaintiff who originally sought the protection order is entitled to appear at the hearing.
(b) If:
(1) the plaintiff who originally sought the protection order waives in writing the right to appear at the hearing; and
(2) the petition conclusively indicates that the petitioner is entitled to relief;
the court may issue an order to expunge a protection order without holding a hearing.
(c) The grant or denial of a petition for expungement is a final appealable order.
As added by P.L.219-2019, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 7.5. Petitions to Expunge Protection Orders › 34-26-7.5-5. Expungement Hearing; Burden of Proof

Sec. 5. The petitioner bears the burden of proof in a proceeding to expunge protection order records. The court shall order the protection order records expunged if the petitioner proves by a preponderance of the evidence that the petitioner is entitled to relief.
As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 7.5. Petitions to Expunge Protection Orders › 34-26-7.5-6. Records Expunged

Sec. 6. (a) If a court orders protection order records expunged under this chapter, the court shall do the following with respect to the specific records expunged by the court:
(1) Order the office of judicial administration to remove the protection order from the Indiana protective order registry established under IC 5-2-9-5.5.
(2) Redact or permanently seal the court's own records relating to the protection order.
(b) If an appellate court reverses or vacates a protection order, and the protection order is then expunged, the appellate court shall:
(1) redact the opinion or memorandum decision as it appears on the computer gateway administered by the office of technology so that it does not include the name of the subject of the protection order (in the same manner that opinions involving juveniles are redacted); and
(2) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order of expungement.
The supreme court and the court of appeals are not required to redact, destroy, or otherwise dispose of any existing copy of an opinion or memorandum decision that includes the name of the subject of the protection order.
As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.7.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 7.5. Petitions to Expunge Protection Orders › 34-26-7.5-7. Effect of Expungement

Sec. 7. A petitioner whose protection order records are expunged under this chapter:
(1) shall be treated as if the protection order and petition for protection order had never been filed; and
(2) may answer truthfully to a question from the petitioner's employer or prospective employer that a petition or order of protection has never been filed against the petitioner.
As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 27. Special Proceedings: Mandate and Prohibition › Chapter 1. Writs of Mandate and Prohibition › 34-27-1-1. Actions for Mandate; Procedure

Sec. 1. Writs of mandate in the circuit and superior courts are abolished. Causes of action previously remedied by writs of mandate may be remedied by means of complaint and summons in the name of the state on relation of the party in interest in the circuit, superior, and probate courts as other civil actions. Such actions are to be known as actions for mandate.
[Pre-1998 Recodification Citation: 34-1-58-1 part.]
As added by P.L.1-1998, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 27. Special Proceedings: Mandate and Prohibition › Chapter 1. Writs of Mandate and Prohibition › 34-27-1-2. Writs of Mandate and Prohibition in Aid of Appellate Powers and Functions

Sec. 2. (a) The supreme court may issue writs of mandate and prohibition in aid of the appellate powers and functions of the supreme court.
(b) The court of appeals may issue writs of mandate and prohibition in aid of the appellate powers and functions of the court of appeals.
[Pre-1998 Recodification Citation: 34-1-58-1 part.]
As added by P.L.1-1998, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 27. Special Proceedings: Mandate and Prohibition › Chapter 1. Writs of Mandate and Prohibition › 34-27-1-3. Supreme Court Writ of Mandate or Prohibition to Inferior Court

Sec. 3. (a) The supreme court may issue writs of mandate to any and all inferior courts compelling the performance of any duty enjoined by law upon the inferior courts, including the granting of changes of venue from the county in cases where:
(1) change of venue is allowed by law;
(2) timely, proper, and sufficient motion and affidavit have been filed for a change of venue; and
(3) the motion for change of venue was refused.
(b) The supreme court may also issue a writ of prohibition to an inferior court to restrain and confine the inferior court to the inferior court’s lawful jurisdiction.
[Pre-1998 Recodification Citation: 34-1-58-1 part.]
As added by P.L.1-1998, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 27. Special Proceedings: Mandate and Prohibition › Chapter 1. Writs of Mandate and Prohibition › 34-27-1-4. Costs

Sec. 4. Costs shall be awarded in these proceedings as in civil actions.
[Pre-1998 Recodification Citation: 34-1-58-8.]
As added by P.L.1-1998, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 27. Special Proceedings: Mandate and Prohibition › Chapter 2. Writs of Prohibition › 34-27-2-1. Writ of Prohibition; Contents

Sec. 1. The writ of prohibition commands the court and party to whom the writ is directed:
(1) to refrain from any further proceedings in the matter specified in the action until the return of the writ and further order of the court; and
(2) upon the return, to show cause why the party to whom the writ is directed is not absolutely restrained from any further proceedings in the matter.
[Pre-1998 Recodification Citation: 34-1-58-6.]
As added by P.L.1-1998, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 27. Special Proceedings: Mandate and Prohibition › Chapter 2. Writs of Prohibition › 34-27-2-2. Judgment in Prohibition Proceeding

Sec. 2. The court renders judgment by either:
(1) issuing a prohibition absolute, restraining the court and party from proceeding; or
(2) authorizing the court and party to proceed;
in the matter in question.
[Pre-1998 Recodification Citation: 34-1-58-7.]
As added by P.L.1-1998, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 27. Special Proceedings: Mandate and Prohibition › Chapter 3. Actions for Mandate › 34-27-3-1. Action for Mandate; Scope

Sec. 1. An action for mandate may be prosecuted against any inferior tribunal, corporation, public or corporate officer, or person to compel the performance of any:
(1) act that the law specifically requires; or
(2) duty resulting from any office, trust, or station.
[Pre-1998 Recodification Citation: 34-1-58-2.]
As added by P.L.1-1998, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 27. Special Proceedings: Mandate and Prohibition › Chapter 3. Actions for Mandate › 34-27-3-2. Complaint Procedure

Sec. 2. (a) Except as provided in subsection (b), in an action for mandate, as in other civil actions:
(1) the complaint must be verified;
(2) the summons must be issued, or publication made, and proof of service and notice made; and
(3) the person, body, or tribunal defendant shall:
(A) appear and answer the complaint; or
(B) suffer default.
(b) When an emergency is shown in the complaint, the court or the judge may issue an order at the time the complaint is filed, directing a shorter time for the return of the summons and for the appearance and answer of the defendant than is provided in civil cases. The return of the summons and the time for appearance must be fixed by the court.
[Pre-1998 Recodification Citation: 34-1-58-3.]
As added by P.L.1-1998, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 27. Special Proceedings: Mandate and Prohibition › Chapter 3. Actions for Mandate › 34-27-3-3. Trial of Issues; Final Judgment

Sec. 3. (a) An action for mandate shall stand for trial, and as in other civil actions, the court hearing the action may:
(1) join issues of law and fact;
(2) grant amendments, continuances, and appeals; and
(3) render final judgments.
(b) In actions for mandate, if the finding and judgments are for the plaintiff, the court rendering the final judgment shall grant the plaintiff:
(1) relief the plaintiff is entitled to under the law and facts in the action;
(2) damages, as in actions for false returns; and
(3) costs as the court directs.
[Pre-1998 Recodification Citation: 34-1-58-4.]
As added by P.L.1-1998, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 27. Special Proceedings: Mandate and Prohibition › Chapter 3. Actions for Mandate › 34-27-3-4. Notice of Judgment; Enforcement

Sec. 4. (a) All defendants served with process or notified by publication in an action for mandate shall:
(1) take notice of the judgment and mandate of the court in the case; and
(2) promptly perform the mandate issued by the court.
(b) Obedience to a judgment and mandate is enforceable by:
(1) attachment and fine;
(2) imprisonment; or
(3) both subdivisions (1) and (2).
[Pre-1998 Recodification Citation: 34-1-58-5.]
As added by P.L.1-1998, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 1. Birth: Establishing Public Record of Time and Place › 34-28-1-1. Application of Resident; Procedure

Sec. 1. (a) This section applies to a person who is a resident of Indiana.
(b) To establish a public record of the time and place of a person's birth the person must:
(1) have been a bona fide resident, for more than six (6) months, of the county where the application is filed; and
(2) file a verified application and petition in the circuit or superior court of the county.
(c) The circuit court, the superior court, or the judge of the circuit or superior court shall hear and determine the matter set out in the application and petition, without the intervention of a jury.
[Pre-1998 Recodification Citation: 34-4-3-1.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 1. Birth: Establishing Public Record of Time and Place › 34-28-1-2. Application of Nonresident; Procedure

Sec. 2. (a) This section applies to a person who:
(1) was born in Indiana; and
(2) is not a resident of Indiana at the time of the application.
(b) The person may file a verified application in the circuit or superior court of the county of the person's birth for an order to establish a public record of the time and place of the birth of the applicant.
(c) The court or the judge shall hear and determine the matter set out in the application and petition without the intervention of a jury.
[Pre-1998 Recodification Citation: 34-4-3-2.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 1. Birth: Establishing Public Record of Time and Place › 34-28-1-3. Clerk of Court to Provide Forms for Petition

Sec. 3. The clerk of the court shall provide the forms for the petition in the same manner as other forms are provided for by law.
[Pre-1998 Recodification Citation: 34-4-3-3.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 1. Birth: Establishing Public Record of Time and Place › 34-28-1-4. Publication of Notice of Application; Form

Sec. 4. (a) This section applies to any person, resident or nonresident, who has filed an application in any court as provided in this chapter.
(b) Except as provided in subsection (c), the applicant shall give notice of the application by one (1) insertion in a qualified newspaper of general circulation, printed and published in the county where the application is filed.
(c) If no newspaper is published in the county where the application is filed, the applicant shall give notice in the closest newspaper printed and published in an adjoining county.
(d) The notice must be in the following form:
Birth Certificate
Notice is given that ____________ has filed a petition in the _______ Court of _________ County, Indiana, to have the time and place of his (her) birth determined. This petition is set for hearing on the ________ day of _______, _______.
____________________________
Clerk of the _______ Court.
(e) The notice shall be published at a cost not to exceed one dollar and fifty cents ($1.50), and if the applicant cannot publish the notice for that amount, notice shall be given by posting the notice at a door of the courthouse. The clerk of the court shall post the notice and file proof of its posting.
[Pre-1998 Recodification Citation: 34-4-3-4.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 1. Birth: Establishing Public Record of Time and Place › 34-28-1-5. Hearing and Determination on Application

Sec. 5. Upon the filing of proof of notice by publication or posting, as provided in section 4 of this chapter, the court or judge may hear the application and enter a determination of status of the applicant as to time and place of birth.
[Pre-1998 Recodification Citation: 34-4-3-5.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 1. Birth: Establishing Public Record of Time and Place › 34-28-1-6. Jurisdictional Requirements; Supporting Testimony of Two Freeholders

Sec. 6. Before the court or judge has jurisdiction to determine the application, the applicant must demonstrate:
(1) that at least two (2) freeholders, either of the county of the residence of the applicant or of the county of birth have:
(A) knowledge of the facts stated in the application; or
(B) reason to believe that the facts are true; and
(2) to the satisfaction of the court or the judge that the applicant meets the qualifications provided in this chapter for the filing of the application.
[Pre-1998 Recodification Citation: 34-4-3-6.]
As added by P.L.1-1998, SEC.24.