Indiana § 32-30-7-9 Preliminary injunction; hearing; restraining order; service

Indiana Statutes

§ 32-30-7-9 — Preliminary injunction; hearing; restraining order; service

Indiana·Title 32 PROPERTY·Art. 30 CAUSES OF ACTION CONCERNING REAL·Ch. 7 Actions for Indecent Nuisances

(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 inven

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(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.
[Pre-2002 Recodification Citation: 34-19-2-4.]

Indiana § 32-30-7-9 (Preliminary injunction; hearing; restraining order; service) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.