§ 34-26-5-21 — Ex parte order; telephonic services

Indiana § 34-26-5-21

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

Text

(a) As used in this section, "financial
responsibility" means an obligation to pay monthly service fees and
other costs and charges associated with any telephone number.
(b) As used in this section, "provider" means a person or entity that
provides commercial mobile service (as defined in 47 U.S.C. 332).
(c) A petitioner for an order for protection may request that the court
issuing the order for protection require a provider to transfer to the
petitioner a telephone number that is used by:
(1) the petitioner; or
(2) a minor child in the petitioner's custody.
(d) The court may order a provider to transfer to a petitioner the
sole:
(1) right to continued use of a telephone number; and
(2) financial responsibility for services associated with a
telephone number.
(e) A provider shall terminate the respondent's use of a telephone
number that the petitioner has sought to transfer under subsection (d),
unless the provider notifies the petitioner and the court within
seventy-two (72) hours after issuance of the order described in
subsection (d):
(1) that an account holder named in the order for protection has
terminated the account; or
(2) that the requested transfer, if completed, would:
(A) impair proper function of a wireless device;
(B) result in network or service disruption; or
(C) cause another technical or operational issue.
(f) A petitioner for an order for protection has exclusive:
(1) rights to use; and
(2) financial control of;
any telephone number that is transferred under this section.
(g) A provider's customary requirements for establishing an account
and transferring a telephone number apply to a transfer made under this
section. The provider's requirements may include:
(1) proof of the petitioner's identity;
(2) the petitioner's financial information; and
(3) the petitioner's customer preferences.
(h) A provider is immune from civil liability for complying with an
order to transfer a telephone number under this section.
(i) The court issuing an order for protection described in this section
shall serve the order on the wireless service provider's agent for service
of process listed with the secretary of state.

Legislative History

As added by P.L.112-2017, SEC.3.