§ 34-26-6-8 — Hearing; responsive pleading; burden of proof

Indiana § 34-26-6-8

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 26: SPECIAL PROCEEDINGS: INJUNCTIONS AND
• Ch. 6: Workplace Violence Restraining Orders

Text

A court shall hold a hearing not more than
fifteen (15) days after a petition for an injunction is filed under section
7 of this chapter. The defendant may file a cross-complaint or a
responsive pleading that explains, excuses, justifies, or denies the
alleged unlawful violence or credible threat of violence. The court
shall:
(1) receive testimony and may make independent inquiry; and
(2) if the defendant is a current employee of the entity requesting
the injunction, receive testimony of the employer's decision to
retain, terminate, or otherwise discipline the defendant.
If the judge finds by clear and convincing evidence that the defendant
engaged in unlawful violence or made a credible threat of violence, the
judge shall issue an injunction prohibiting further unlawful violence or
credible threats of violence.

Legislative History

As added by P.L.133-2002, SEC.57.