Ex parte orders; relief after notice and hearing; duties of issuing
court; effective dates; burden of proof; superseding orders;
presumptions
Sec. 9. (a) If it appears from a petition for an order for protection
or from a petition to modify an order for protection that domestic or
family violence has occurred or that a modification of an order for
protection is required, a court may:
(1) without notice or hearing, immediately issue an order for
protection ex parte or modify an order for protection ex parte;
or
(2) upon notice and after a hearing, whether or not a respondent
appears, issue or modify an order for protection.
(b) A court may grant the following relief without notice and
hearing in an ex parte order for protection or in an ex parte order for
protection modification:
(1) Enjoin a respondent from threatening to commit or
committing acts of domestic or family violence against a
petitioner and each designated family or household member.
(2) Prohibit a respondent from harassing, annoying,
telephoning, contacting, or directly or indirectly communicating
with a petitioner.
(3) Remove and exclude a respondent from the residence of a
petitioner, regardless of ownership of the residence.
(4) Order a respondent to stay away from the residence, school,
or place of employment of a petitioner or a specified place
frequented by a petitioner and each designated family or
household member.
(5) Order possession and use of the residence, an automobile,
and other essential personal effects, regardless of the ownership
of the residence, automobile, and essential personal effects. If
possession is ordered under this subdivision, the court may
direct a law enforcement officer to accompany a petitioner to
the residence of the parties to:
(A) ensure that a petitioner is safely restored to possession
of the residence, automobile, and other essential personal
effects; or
(B) supervise a petitioner's or respondent's removal of
personal belongings.
(6) Order other relief necessary to provide for the safety and
welfare of a petitioner and each designated family or household
member.
(c) A court may grant the following relief after notice and a
hearing, whether or not a respondent appears, in an order for
protection or in a modification of an order for protection:
(1) Grant the relief under subsection (b).
(2) Specify arrangements for parenting time of a minor child by
a respondent and:
(A) require supervision by a third party; or
(B) deny parenting time;
if necessary to protect the safety of a petitioner or child.
(3) Order a respondent to:
(A) pay attorney's fees;
(B) pay rent or make payment on a mortgage on a petitioner's
residence;
(C) if the respondent is found to have a duty of support, pay
for the support of a petitioner and each minor child;
(D) reimburse a petitioner or other person for expenses
related to the domestic or family violence, including:
(i) medical expenses;
(ii) counseling;
(iii) shelter; and
(iv) repair or replacement of damaged property; or
(E) pay the costs and fees incurred by a petitioner in
bringing the action.
(4) Prohibit a respondent from using or possessing a firearm,
ammunition, or a deadly weapon specified by the court, and
direct the respondent to surrender to a specified law
enforcement agency the firearm, ammunition, or deadly weapon
for the duration of the order for protection unless another date
is ordered by the court.
An order issued under subdivision (4) does not apply to a person who
is exempt under 18 U.S.C. 925.
(d) The court shall:
(1) cause the order for protection to be delivered to the county
sheriff for service;
(2) make reasonable efforts to ensure that the order for
protection is understood by a petitioner and a respondent if
present;
(3) transmit, by the end of the same business day on which the
order for protection is issued, a copy of the order for protection
to each local law enforcement agency designated by a
petitioner;
(4) transmit a copy of the order to the clerk for processing under
IC 5-2-9; and
(5) notify the state police department of the order if the order
and the parties meet the criteria under 18 U.S.C. 922(g)(8).
(e) An order for protection issued ex parte or upon notice and a
hearing, or a modification of an order for protection issued ex parte
or upon notice and a hearing, is effective for two (2) years after the
date of issuance unless another date is ordered by the court. The
sheriff of each county shall provide expedited service for an order for
protection.
(f) A finding that domestic or family violence has occurred
sufficient to justify the issuance of an order under this section means
that a respondent represents a credible threat to the safety of a
petitioner or a member of a petitioner's household. Upon a showing
of domestic or family violence by a preponderance of the evidence,
the court shall grant relief necessary to bring about a cessation of the
violence or the threat of violence. The relief may include an order
directing a respondent to surrender to a law enforcement officer or
agency all firearms, ammunition, and deadly weapons:
(1) in the control, ownership, or possession of a respondent; or
(2) in the control or possession of another person on behalf of
a respondent;
for the duration of the order for protection unless another date is
ordered by the court.
(g) An order for custody, parenting time, or possession or control
of property issued under this chapter is superseded by an order issued
from a court exercising dissolution, legal separation, paternity, or
guardianship jurisdiction over the parties.
(h) The fact that an order for protection is issued under this
chapter does not raise an inference or presumption in a subsequent
case or hearings between the parties.
As added by P.L.133-2002, SEC.56. Amended by P.L.68-2005,
SEC.59.
Last modified: May 24, 2006