Forms; clerical assistance; protective order depository
Sec. 3. (a) The division of state court administration shall:
(1) develop and adopt:
(A) a petition for an order for protection;
(B) an order for protection, including:
(i) orders issued under this chapter;
(ii) ex parte orders;
(iii) no contact orders under IC 31 and IC 35; and
(iv) forms relating to workplace violence restraining
orders under IC 34-26-6;
(C) a confidential form;
(D) a notice of modification or extension for an order for
protection, a no contact order, or a workplace violence
restraining order;
(E) a notice of termination for an order for protection, a no
contact order, or a workplace violence restraining order; and
(F) any other uniform statewide forms necessary to maintain
an accurate registry of orders; and
(2) provide the forms under subdivision (1) to the clerk of each
court authorized to issue the orders.
(b) In addition to any other required information, a petition for an
order for protection must contain a statement listing each civil or
criminal action involving:
(1) either party; or
(2) a child of either party.
(c) The following statements must be printed in boldface type or
in capital letters on an order for protection, a no contact order, or a
workplace violence restraining order:
VIOLATION OF THIS ORDER IS PUNISHABLE BY
CONFINEMENT IN JAIL, PRISON, AND/OR A FINE.
IF SO ORDERED BY THE COURT, THE RESPONDENT IS
FORBIDDEN TO ENTER OR STAY AT THE PETITIONER'S
RESIDENCE, EVEN IF INVITED TO DO SO BY THE
PETITIONER OR ANY OTHER PERSON. IN NO EVENT IS
THE ORDER FOR PROTECTION VOIDED.
PURSUANT TO 18 U.S.C. 2265, THIS ORDER FOR
PROTECTION SHALL BE GIVEN FULL FAITH AND
CREDIT IN ANY OTHER STATE OR TRIBAL LAND AND
SHALL BE ENFORCED AS IF IT WERE AN ORDER
ISSUED IN THAT STATE OR TRIBAL LAND. PURSUANT
TO 18 U.S.C. 922(g), ONCE A RESPONDENT HAS
RECEIVED NOTICE OF THIS ORDER AND AN
OPPORTUNITY TO BE HEARD, IT IS A FEDERAL
VIOLATION TO PURCHASE, RECEIVE, OR POSSESS A
FIREARM WHILE SUBJECT TO THIS ORDER IF THE
PROTECTED PERSON IS:
(A) THE RESPONDENT'S CURRENT OR FORMER
SPOUSE;
(B) A CURRENT OR FORMER PERSON WITH WHOM
THE RESPONDENT RESIDED WHILE IN AN
INTIMATE RELATIONSHIP; OR
(C) A PERSON WITH WHOM THE RESPONDENT HAS
A CHILD.
INTERSTATE VIOLATION OF THIS ORDER MAY
SUBJECT THE RESPONDENT TO FEDERAL CRIMINAL
PENALTIES UNDER 18 U.S.C. 2261 AND 18 U.S.C. 2262.
(d) The clerk of the circuit court, or a person or entity designated
by the clerk of the circuit court, shall provide to a person requesting
an order for protection:
(1) the forms adopted under subsection (a);
(2) all other forms required to petition for an order for
protection, including forms:
(A) necessary for service; and
(B) required under IC 31-17-3; and
(3) clerical assistance in reading or completing the forms and
filing the petition.
Clerical assistance provided by the clerk or court personnel under
this section does not constitute the practice of law. The clerk of the
circuit court may enter into a contract with a person or another entity
to provide this assistance. A person, other than a person or other
entity with whom the clerk has entered into a contract to provide
assistance, who in good faith performs the duties the person is
required to perform under this subsection is not liable for civil
damages that might otherwise be imposed on the person as a result
of the performance of those duties unless the person commits an act
or omission that amounts to gross negligence or willful and wanton
misconduct.
(e) A petition for an order for protection must be:
(1) verified or under oath under Trial Rule 11; and
(2) issued on the forms adopted under subsection (a).
(f) If an order for protection is issued under this chapter, the clerk
shall comply with IC 5-2-9.
As added by P.L.133-2002, SEC.56. Amended by P.L.39-2003,
SEC.1; P.L.221-2003, SEC.8.
Last modified: May 24, 2006