Indiana § 34-26-5-3 Forms; clerical assistance; protective order registry

Indiana Statutes

§ 34-26-5-3 — Forms; clerical assistance; protective order registry

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

(a)The office of judicial administration shall:

(1)develop and adopt:

(A)a petition for an order for protection;

(B)an order for protection, including:

(i)orders issued under this chapter;

(ii)ex parte orders;

(iii)no contact orders under IC 31 and IC 35;

(iv)forms relating to workplace violence restraining orders under IC 34-26-6; and

(v)forms relating to a child protective order under IC 31-34-2.3;

(C)a confidential form;

(D)a notice of modification or extension for an order for protection, a no contact order, a workplace violence restraining order, or a child protective order;

(E)a notice of termination for an order for protection, a no contact order, a workplace violence restraining order, or a child protective order; and

(F)any other uniform statewide forms necessary to m

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(a) The office of judicial administration shall:
(1) develop and adopt:
(A) a petition for an order for protection;
(B) an order for protection, including:
(i) orders issued under this chapter;
(ii) ex parte orders;
(iii) no contact orders under IC 31 and IC 35;
(iv) forms relating to workplace violence restraining orders
under IC 34-26-6; and
(v) forms relating to a child protective order under IC 31-34-2.3;
(C) a confidential form;
(D) a notice of modification or extension for an order for
protection, a no contact order, a workplace violence restraining
order, or a child protective order;
(E) a notice of termination for an order for protection, a no
contact order, a workplace violence restraining order, or a child
protective order; and
(F) any other uniform statewide forms necessary to maintain an
accurate registry of orders; and
(2) provide the forms under subdivision (1) to the clerk of each
court authorized to issue the orders.
(b) In addition to any other required information, a petition for an
order for protection must contain a statement listing each civil or
criminal action involving:
(1) either party; or
(2) a child of either party.
(c) The following statements must be printed in boldface type or in
capital letters on an order for protection, a no contact order, a
workplace violence restraining order, or a child protective order:
VIOLATION OF THIS ORDER IS PUNISHABLE BY
CONFINEMENT IN JAIL, PRISON, AND/OR A FINE.
IF SO ORDERED BY THE COURT, THE RESPONDENT IS
FORBIDDEN TO ENTER OR STAY AT THE PETITIONER'S
RESIDENCE OR RESIDENCE OF ANY CHILD WHO IS THE
SUBJECT OF THE ORDER, EVEN IF INVITED TO DO SO BY
THE PETITIONER OR ANY OTHER PERSON. IN NO EVENT
IS THE ORDER FOR PROTECTION VOIDED.
PURSUANT TO 18 U.S.C. 2265, THIS ORDER FOR
PROTECTION SHALL BE GIVEN FULL FAITH AND CREDIT
IN ANY OTHER STATE OR TRIBAL LAND AND SHALL BE
ENFORCED AS IF IT WERE AN ORDER ISSUED IN THAT
STATE OR TRIBAL LAND. PURSUANT TO 18 U.S.C. 922(g),
ONCE A RESPONDENT HAS RECEIVED NOTICE OF THIS
ORDER AND AN OPPORTUNITY TO BE HEARD, IT IS A
FEDERAL VIOLATION TO PURCHASE, RECEIVE, OR
POSSESS A FIREARM WHILE SUBJECT TO THIS ORDER IF
THE PROTECTED PERSON IS:
(A) THE RESPONDENT'S CURRENT OR FORMER
SPOUSE;
(B) A CURRENT OR FORMER PERSON WITH WHOM THE
RESPONDENT RESIDED WHILE IN AN INTIMATE
RELATIONSHIP; OR
(C) A PERSON WITH WHOM THE RESPONDENT HAS A
CHILD.
INTERSTATE VIOLATION OF THIS ORDER MAY SUBJECT
THE RESPONDENT TO FEDERAL CRIMINAL PENALTIES
UNDER 18 U.S.C. 2261 AND 18 U.S.C. 2262.
(d) The clerk of the circuit court, or a person or entity designated by
the clerk of the circuit court, shall provide to a person requesting an
order for protection:
(1) the forms adopted under subsection (a);
(2) all other forms required to petition for an order for protection,
including forms:
(A) necessary for service; and
(B) required under IC 31-21 (or IC 31-17-3 before its repeal);
and
(3) clerical assistance in reading or completing the forms and
filing the petition.
Clerical assistance provided by the clerk or court personnel under this
section does not constitute the practice of law. The clerk of the circuit
court may enter into a contract with a person or another entity to
provide this assistance. A person, other than a person or other entity
with whom the clerk has entered into a contract to provide assistance,
who in good faith performs the duties the person is required to perform
under this subsection is not liable for civil damages that might
otherwise be imposed on the person as a result of the performance of
those duties unless the person commits an act or omission that amounts
to gross negligence or willful and wanton misconduct.
(e) A petition for an order for protection must be:
(1) verified or under oath under Trial Rule 11; and
(2) issued on the forms adopted under subsection (a).
(f) If an order for protection is issued under this chapter, the clerk
shall comply with IC 5-2-9.
(g) After receiving a petition for an order for protection, the clerk of
the circuit court shall immediately enter the case in the Indiana
protective order registry established by IC 5-2-9-5.5.

Indiana § 34-26-5-3 (Forms; clerical assistance; protective order registry) — 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.39-2003, SEC.1; P.L.221-2003, SEC.8; P.L.52-2007, SEC.11; P.L.138-2007, SEC.92; P.L.3-2008, SEC.243; P.L.116-2009, SEC.11; P.L.130-2009, SEC.22; P.L.161-2018, SEC.107.