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IC 34-26-2
    Chapter 2. Protective Order to Prevent Abuse

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IC 34-26-2-1
    Sec. 1. A person may petition any court of record for a protective order on behalf of that person or a member of the petitioner's household.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-2
    Sec. 2. The petition:
        (1) must include the name of the petitioner and the name and address (if known) of the respondent;
        (2) must include any allegation concerning the date or manner of specific acts or feared acts of abuse, harassment, or disruption of the peace of the petitioner or members of the petitioner's household or any allegations concerning specific damage to or the fear of damage to any property of the petitioner;
        (3) must include a request that, if the court grants the protective order, the court shall order the respondent:
            (A) to refrain from abusing, harassing, or disturbing the peace of the petitioner, by either direct or indirect contact;
            (B) to refrain from abusing, harassing, or disturbing the peace of a member of the petitioner's household, by either direct or indirect contact;
            (C) to refrain from entering the property of the petitioner, jointly owned or leased property of the petitioner and respondent if the respondent is not the sole owner or lessee, or any other property as specifically described in the petition;
            (D) to refrain from damaging any property of the petitioner;
            (E) if the petitioner and respondent are married and if a proceeding for dissolution of marriage or legal separation is not pending:
                (i) to be evicted from the dwelling of the petitioner if the respondent is not the sole owner or lessee of the petitioner's dwelling;
                (ii) to not transfer, encumber, damage, conceal, or otherwise dispose of property jointly owned with the petitioner or that is an asset of the marriage;
                (iii) to pay child support to the custodian of any minor children of the parties alone or with the other party;
                (iv) to pay maintenance to the other party; or
                (v) to perform a combination of acts listed in items (i) through (iv);
        (4) must be sworn to by the petitioner;
        (5) must include a request that the court set a date for a protective order hearing under this chapter;
        (6) must be accompanied by a confidential form concerning protective orders prescribed or approved by the division of state court administration; and
        (7) may include a request that the court order counseling or other social services, including domestic violence education, for the petitioner, the respondent, or both.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-3
    Sec. 3. (a) This section applies if an emergency exists concerning the relief requested in section 2(3)(A), 2(3)(B), 2(3)(C), or 2(3)(D) of this chapter.
    (b) The petitioner must include a statement in the petition explaining why the emergency exists and request the court to immediately issue an emergency protective order that requires the respondent to immediately refrain from doing the acts described in section 2(3)(A) through 2(3)(D) of this chapter or comply with the order.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-4
    Sec. 4. The court may:
        (1) order the clerk of the court to waive any filing fees required under this chapter if the petitioner demonstrates by affidavit that the petitioner is unable to pay the fees due to all relevant circumstances; and
        (2) order filing fees to be paid by the respondent after a hearing held under this chapter.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-5
    Sec. 5. If a person requests a court to issue an emergency protective order, the court shall immediately review the petition ex parte. If the court finds that there is probable cause to believe that the petitioner, a member of the petitioner's household, or the petitioner's property was or is in danger of being abused or threatened with abuse by the respondent, the court shall:
        (1) issue an emergency protective order described in section 6 of this chapter; and
        (2) set a date for the protective order hearing not more than thirty (30) days after the date the petition is filed with the court.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-6
    Sec. 6. The emergency protective order issued under section 5 of this chapter may direct the respondent to refrain from:
        (1) abusing, harassing, or disturbing the peace of the petitioner by either direct or indirect contact;
        (2) abusing, harassing, or disturbing the peace of a member of the petitioner's household, by either direct or indirect contact;
        (3) entering the property of the petitioner or any other property as specifically described in the petition; or
        (4) damaging any property of the petitioner.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-7
    Sec. 7. An emergency protective order issued under section 5 of this chapter (or IC 34-4-5.1-2.3 before its repeal) expires:
        (1) sixty (60) days after the date the emergency protective order is issued; or
        (2) the date a court issues an order stating that the emergency protective order has expired; whichever occurs first.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-8
    Sec. 8. When a court issues an emergency protective order under section 5 of this chapter that directs the respondent to refrain from the acts described in section 6(1), 6(2), or 6(3) of this chapter:
        (1) the clerk of the court shall comply with IC 5-2-9; and
        (2) the petitioner shall file a confidential form prescribed or approved by the division of state court administration with the clerk.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-9
    Sec. 9. When a court issues an order terminating an emergency protective order, the clerk of the court shall comply with IC 5-2-9-6(g).
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-10
    Sec. 10.
    (a) A court may not issue a joint or mutual protective order, an emergency protective order, or a restraining order under:
        (1) section 2(3)(A) of this chapter;
        (2) section 2(3)(B) of this chapter;
        (3) section 2(3)(C) of this chapter; or
        (4) section 5 of this chapter.
    (b) If both parties allege injury, the parties shall do so by separate motions. The trial court shall review each motion separately, and grant or deny each motion on its individual merits. If the trial court finds cause to grant both motions, the court shall do so by separate orders and with specific findings justifying the issuance of each order.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-11
    Sec. 11.
    (a) When a petition is filed, the clerk shall issue a summons to appear at a hearing to the respondent that:
        (1) gives notice of the date, time, and place of the hearing; and
        (2) informs the respondent that the respondent must appear before the court to answer the petition.
    (b) The clerk shall serve the respondent with the summons to appear in accordance with Rule 4.1 of the Rules of Trial Procedure.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-12
    Sec. 12. A court shall set a date for a hearing concerning a petition described in section 2 of this chapter not more than thirty (30) days after the date the petition is filed with the court. At the hearing, if at least one (1) of the allegations described in the petition is proved by a preponderance of the evidence, the court:
        (1) shall order the respondent:
            (A) to refrain from abusing, harassing, or disturbing the peace of the petitioner, by either direct or indirect contact;
            (B) to refrain from abusing, harassing, or disturbing the peace of a member of the petitioner's household, by either direct or indirect contact;
            (C) to refrain from entering the property of the petitioner, jointly owned or leased property of the petitioner and the respondent if the respondent is not the sole owner or lessee, or any other property as specifically described in the petition;
            (D) to refrain from damaging any property of the petitioner; and
            (E) if the petitioner and respondent are married and if a proceeding for dissolution of marriage or legal separation is not pending:
                (i) to be evicted from the dwelling of the petitioner if the respondent is not the sole owner or lessee of the petitioner's dwelling;
                (ii) to not transfer, encumber, damage, conceal, or otherwise dispose of property jointly owned with the petitioner or that is an asset of the marriage;
                (iii) to pay child support to the custodian of any minor children of the parties alone or with the other party;
                (iv) to pay maintenance to the other party; or
                (v) to perform a combination of the acts described in items (i) through (iv);
        (2) may order the respondent to refrain from possessing a firearm (as defined in IC 35-47-1-5) during a period not longer than the period that the respondent is under the protective order if the court finds by clear and convincing evidence that the respondent poses a significant threat of inflicting serious bodily injury to the petitioner or a member of the petitioner's household or family; and
        (3) may order counseling or other social services, including domestic violence education, for the petitioner or the respondent, or both, and may order the respondent to pay the costs of obtaining counseling or other social services for the petitioner or the respondent, or both.
If the court prohibits the respondent from possessing a firearm under subdivision (2), the court shall notify the state police department of the restriction. The court may also order the confiscation under IC 35-47-3 of any firearms that the court finds the respondent to possess during the period that the protective order is in effect.
As added by P.L.1-1998, SEC.22. Amended by P.L.188-1999, SEC.4; P.L.14-2000, SEC.70.

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IC 34-26-2-13
    Sec. 13. Any part of a court order authorized under section 12 (1)(E) or 12(2) of this chapter (or IC 34-4-5.1-5(a)(1)(E) or IC 34-4-5.1-5(a)(2) before their repeal) is issued without prejudice to the rights of the parties or a child concerning any issues that may be decided in proceedings for dissolution of marriage or legal separation. An order authorized under section 12 of this chapter (or IC 34-4-5.1-5 before its repeal) expires:
        (1) when:
            (A) a petition for dissolution or legal separation (with respect to the petitioner's and the respondent's marriage) has been filed; and
            (B) a temporary restraining order issued under IC 31-15-4 (or IC 31-1-11.5-7 before its repeal) is in effect while the proceeding for marriage dissolution or legal separation is pending; or
        (2) not more than one (1) year after the order is issued;
whichever occurs first.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-14
    Sec. 14. If a protective order expires under section 13(2) of this chapter, the court may, at the request of a party or upon the court's own motion, extend the protective order for an additional period of not more than one (1) year.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-15
    Sec. 15. The small claims court judges in a county containing a consolidated city may by mutual agreement assign to one (1) or more divisions of the court exclusive jurisdiction over proceedings initiated under this chapter (or IC 34-4-5.1 before its repeal) in the small claims court.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-16
    Sec. 16. When a court issues a protective order under section 12(1)(A), 12(1)(B), or 12(1)(C) of this chapter or an emergency protective order under section 5 of this chapter:
        (1) the clerk of the court shall comply with IC 5-2-9; and
        (2) the petitioner shall file a confidential form prescribed or approved by the division of state court administration with the clerk.
As added by P.L.1-1998, SEC.22.

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IC 34-26-2-17
    Sec. 17.
         (a) When a court issues a protective order under this chapter (or IC 34-4-5.1 before its repeal), the court may order the respondent to pay a reasonable amount for the cost to the moving party of maintaining a proceeding under this chapter (or IC 34-4-5.1 before its repeal) and for attorney's fees, including sums for legal services rendered before the commencement of the proceedings or after entry of judgment.   
        (b) The court may order the amount to be paid directly to the attorney, who may enforce the order in the attorney's name.
As added by P.L.1-1998, SEC.22.

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