§ 34-26-5-2 — Persons eligible to file petition for order of protection; petition on behalf of a child; prohibition on mutual orders; jurisdiction for order sought against a minor

Indiana § 34-26-5-2

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

Text

(a) A person who is or has been a victim of
domestic or family violence may file a petition for an order for
protection against a:
(1) family or household member who commits an act of domestic
or family violence; or
(2) person who has committed stalking under IC 35-45-10-5 or a
sex offense under IC 35-42-4 against the petitioner.
(b) A person who is or has been subjected to harassment may file a
petition for an order for protection against a person who has committed
repeated acts of harassment against the petitioner.
(c) A parent, a guardian, or another representative may file a
petition for an order for protection on behalf of a child against a:
(1) family or household member who commits an act of domestic
or family violence;
(2) person who has committed stalking under IC 35-45-10-5 or a
sex offense under IC 35-42-4 against the child;
(3) person who has committed repeated acts of harassment against
the child; or
(4) person who engaged in a course of conduct involving repeated
or continuing contact with a child that is intended to prepare or
condition a child for sexual activity (as defined in IC 35-42-4-13).
(d) A court may issue only one (1) order for each respondent. If a
petitioner files a petition against more than one (1) respondent, the
court shall:
(1) assign a new case number; and
(2) maintain a separate court file;
for each respondent.
(e) If a petitioner seeks relief against an unemancipated minor, the
case may originate in any court of record and, if it is an emergency
matter, be processed the same as an ex parte petition. When a hearing
is set, the matter may be transferred to a court with juvenile
jurisdiction.
(f) If a petition for an order for protection is filed by a person or on
behalf of an unemancipated minor, the court shall determine, after
reviewing the petition or making an inquiry, whether issuing the order
for protection may impact a school corporation's ability to provide
in-person instruction for the person or the unemancipated minor. If the
court determines that issuing the order for protection may impact a
school corporation's ability to provide in-person instruction for the
person or the unemancipated minor, then the court may not issue the
order for protection until the following requirements are met:
(1) Notice is provided to the school corporation, by registered
mail or certified mail, that includes:
(A) notice of the petition for the order for protection; and
(B) the date for the hearing on the petition for the order for
protection, if applicable.
(2) Upon receipt of the notice, the school corporation is allowed
to:
(A) respond to the notice not later than three (3) business days
after receipt of the notice; and
(B) testify at the hearing on the petition for the order for
protection.
If the school corporation fails to respond to the notice of the petition for
the order for protection as described in subdivision (2), then the court
may issue the order for protection described in this subsection.

Legislative History

As added by P.L.133-2002, SEC.56. Amended by P.L.40-2019, SEC.3; P.L.266-2019, SEC.6; P.L.156-2020, SEC.126; P.L.67-2021, SEC.1.