Preliminary injunction; hearing; restraining order; service
Sec. 9. (a) After filing the complaint, a complainant may apply to
the court for a preliminary injunction. The court shall grant a hearing
on the complainant's motion for preliminary injunction not later than
ten (10) days after it is filed.
(b) If an application for a preliminary injunction is made, the
court may, on application of the complainant showing good cause,
issue an ex parte restraining order restraining the defendant and all
other persons from removing or in any manner interfering with the
personal property and contents of the place where the indecent
nuisance is alleged to exist until the decision of the court granting or
refusing a preliminary injunction and until further order of the court.
However, pending the court's decision, the stock in trade may not be
restrained, but an inventory and full accounting of business
transactions after the restraining order may be required.
(c) A restraining order issued under subsection (b) may be served
by:
(1) handing to and leaving a copy of the order with a person
who is:
(A) in charge of the place; or
(B) a resident of the place; or
(2) posting a copy of the order in a conspicuous place at or upon
at least one (1) of the principal doors or entrances to the place.
(d) The officer serving a restraining order issued under subsection
(b) shall immediately make and return into court an inventory of the
personal property and contents situated in and used in conducting or
maintaining alleged the indecent nuisance.
(e) Violation of a restraining order served under subsection (c) (or
IC 34-1-52.5-4 or IC 34-19-2-4 before their repeal) is a contempt of
court.
(f) If a restraining order is posted under subsection (c)(2),
mutilation or removal of the order while it is in force is a contempt
of court if the order contains a notice stating that mutilating or
removing the order while it is in force is a contempt of court.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006