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.
Last modified: May 24, 2006