§ 34-26-5-6 — Rules

The following rules apply to an order for
protection issued under this chapter:
(1) An order for protection is in addition to, and not instead of,
another available civil or criminal proceeding.
(2) A petitioner is not barred from seeking an order because of
another pending proceeding.
(3) A court may not delay granting relief because of the existence
of a pending action between the petitioner and respondent.
(4) If a person who petitions for an ex parte order for protection
also has a pending case involving:
(A) the respondent; or
(B) a child of the petitioner and respondent;
the court that has been petitioned for relief shall immediately
consider the ex parte petition and then transfer that matter to the
court in which the other case is pending.
(5) If a person files a petition for an order of protection requesting
relief that:
(A) does not require a hearing under sections 9(c) and 10(a)
through 10(b) of this chapter; and
(B) requires a hearing under sections 9(d) and 10(c) of this
chapter;
the court may issue an ex parte order for protection providing
relief under clause (A) at any time before the required hearing
under clause (B).

Legislative History

As added by P.L.133-2002, SEC.56. Amended by P.L.221-2003, SEC.9; P.L.266-2019, SEC.8; P.L.159-2022, SEC.1.