Indiana § 34-26-7.5-4 Duties of court upon receipt of petition to expunge protection order

Indiana Statutes

§ 34-26-7.5-4 — Duties of court upon receipt of petition to expunge protection order

Indiana § 34-26-7.5-4

Title 34CIVIL LAW AND PROCEDURE

Art. 26SPECIAL PROCEEDINGS: INJUNCTIONS AND

Ch. 7.5Petitions to Expunge Protection Orders

This text of Indiana § 34-26-7.5-4 (Duties of court upon receipt of petition to expunge protection order) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 34-26-7.5-4 (2026).

Text

(a)Unless the petition is incomplete, or the petition conclusively indicates that the petitioner is not entitled to relief, the court shall:

(1)redact the petitioner's:

(A)date of birth;

(B)Social Security number; and

(C)driver's license number; from the petition;

(2)serve a copy of the redacted petition under subdivision (1) on the plaintiff who originally sought the protection order; and

(3)set the matter for hearing. The plaintiff who originally sought the protection order is entitled to appear at the hearing.

(b)If:

(1)the plaintiff who originally sought the protection order waives in writing the right to appear at the hearing; and

(2)the petition conclusively indicates that the petitioner is entitled to relief; the court may issue an order to expunge a protection order witho

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(a) Unless the petition is incomplete, or the
petition conclusively indicates that the petitioner is not entitled to
relief, the court shall:
(1) redact the petitioner's:
(A) date of birth;
(B) Social Security number; and
(C) driver's license number;
from the petition;
(2) serve a copy of the redacted petition under subdivision (1) on
the plaintiff who originally sought the protection order; and
(3) set the matter for hearing.
The plaintiff who originally sought the protection order is entitled to
appear at the hearing.
(b) If:
(1) the plaintiff who originally sought the protection order waives
in writing the right to appear at the hearing; and
(2) the petition conclusively indicates that the petitioner is
entitled to relief;
the court may issue an order to expunge a protection order without
holding a hearing.
(c) The grant or denial of a petition for expungement is a final
appealable order.