Indiana § 34-26-5-10 Hearing after ex parte order

Indiana Statutes

§ 34-26-5-10 — Hearing after ex parte order

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 26 SPECIAL PROCEEDINGS: INJUNCTIONS AND·Ch. 5 Indiana Civil Protection Order Act

(a)If a court issues:

(1)an order for protection ex parte effective for a period described under section 9(f) of this chapter; or

(2)a modification of an order for protection ex parte effective for a period described under section 9(f) of this chapter; and provides relief under section 9(c) of this chapter, upon a request by either party at any time after service of the order or modification, the court shall set a date for a hearing on the petition. Except as provided in subsection (c), the hearing must be held not more than thirty (30) days after the request for a hearing is filed unless continued by the court for good cause shown. The court shall notify both parties by first class mail of the date and time of the hearing. A party may only request one (1) hearing on a petition under th

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(a) If a court issues:
(1) an order for protection ex parte effective for a period
described under section 9(f) of this chapter; or
(2) a modification of an order for protection ex parte effective for
a period described under section 9(f) of this chapter;
and provides relief under section 9(c) of this chapter, upon a request by
either party at any time after service of the order or modification, the
court shall set a date for a hearing on the petition. Except as provided
in subsection (c), the hearing must be held not more than thirty (30)
days after the request for a hearing is filed unless continued by the
court for good cause shown. The court shall notify both parties by first
class mail of the date and time of the hearing. A party may only request
one (1) hearing on a petition under this subsection.
(b) If a court issues:
(1) an order for protection ex parte effective for a period
described under section 9(g) of this chapter; or
(2) a modification of an order for protection ex parte effective for
a period described under section 9(g) of this chapter;
and provides relief under section 9(c) of this chapter, upon a request by
either party not more than thirty (30) days after service of the order or
modification, the court shall set a date for a hearing on the petition.
Except as provided in subsection (c), the hearing must be held not more
than thirty (30) days after the request for a hearing is filed unless
continued by the court for good cause shown. The court shall notify
both parties by first class mail of the date and time of the hearing. A
party may only request one (1) hearing on a petition under this
subsection.
(c) A court shall set a date for a hearing on the petition not more
than thirty (30) days after the filing of the petition if a court issues an
order for protection ex parte or a modification of an order of protection
ex parte and:
(1) a petitioner requests or the court provides relief under section
9(c)(4), 9(c)(6), 9(c)(7), 9(c)(8), or 9(c)(9) of this chapter; or
(2) a petitioner requests relief under section 9(d)(2), 9(d)(3), or
9(d)(4) of this chapter.
The hearing must be given precedence over all matters pending in the
court except older matters of the same character.
(d) In a hearing under this section:
(1) relief under section 9 of this chapter is available; and
(2) if a respondent seeks relief concerning an issue not raised by
a petitioner, the court may continue the hearing at the petitioner's
request.

Indiana § 34-26-5-10 (Hearing after ex parte order) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.133-2002, SEC.56. Amended by P.L.112-2017, SEC.2; P.L.266-2019, SEC.10; P.L.159-2022, SEC.3; P.L.178-2022(ts), SEC.21; P.L.172-2023, SEC.2.