This text of Indiana § 5-2-9-6 (Copies of orders issued; confidential file; confidential form; registry) 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.
(a)The clerk of a court that issues a protective
order shall:
(1)provide a copy of the order to the petitioner; and
(2)provide a copy of the order and service of process to the
respondent or defendant in accordance with the rules of trial
procedure.
(b)The clerk of a court that issues a protective order or the clerk of
a court in which a petition is filed shall maintain a confidential file to
secure any confidential information about a protected person
designated on a uniform statewide form prescribed by the office of
judicial administration.
(c)This subsection applies to a protective order that a sheriff or law
enforcement agency received under subsection (a) before July 1, 2009,
and a confidential form under subsection (b) that was not retained in
the registry. The sheriff or law en
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(a) The clerk of a court that issues a protective
order shall:
(1) provide a copy of the order to the petitioner; and
(2) provide a copy of the order and service of process to the
respondent or defendant in accordance with the rules of trial
procedure.
(b) The clerk of a court that issues a protective order or the clerk of
a court in which a petition is filed shall maintain a confidential file to
secure any confidential information about a protected person
designated on a uniform statewide form prescribed by the office of
judicial administration.
(c) This subsection applies to a protective order that a sheriff or law
enforcement agency received under subsection (a) before July 1, 2009,
and a confidential form under subsection (b) that was not retained in
the registry. The sheriff or law enforcement agency shall:
(1) maintain a copy of the protective order in the depository
established under this chapter;
(2) enter:
(A) the date and time the sheriff or law enforcement agency
receives the protective order;
(B) the location of the person who is subject to the protective
order, if reasonably ascertainable from the information
received;
(C) the name and identification number of the officer who
serves the protective order;
(D) the manner in which the protective order is served;
(E) the name of the petitioner and any other protected parties;
(F) the name, Social Security number, date of birth, and
physical description of the person who is the subject of the
protective order, if reasonably ascertainable from the
information received;
(G) the date the protective order expires;
(H) a caution indicator stating whether a person who is the
subject of the protective order is believed to be armed and
dangerous, if reasonably ascertainable from the information
received; and
(I) if furnished, a Brady record indicator stating whether a
person who is the subject of the protective order is prohibited
from purchasing or possessing a firearm or ammunition under
federal law, if reasonably ascertainable from the information
received;
on the copy of the protective order or the confidential form; and
(3) except for a protective order that is retained in the registry,
establish a confidential file in which a confidential form that
contains information concerning a protected person is kept.
(d) Except for a protective order that is retained in the registry, a
protective order may be removed from the depository established under
this chapter only if the sheriff or law enforcement agency that
administers the depository receives:
(1) a notice of termination on a form prescribed or approved by
the office of judicial administration;
(2) an order of the court; or
(3) a notice of termination and an order of the court.
(e) If a protective order in a depository established under this
chapter is terminated, the person who obtained the order must file a
notice of termination on a form prescribed or approved by the office of
judicial administration with the clerk of the court. The clerk of the
court shall:
(1) enter the notice of termination into; or
(2) provide a copy of the notice of termination to;
the registry and provide a copy of the notice of termination to each of
the depositories to which the protective order was sent. The clerk of the
court shall maintain the notice of termination in the court's file.
(f) If a protective order or form is extended or modified, the person
who obtained the extension or modification must file a notice of
extension or modification on a form prescribed or approved by the
office of judicial administration with the clerk of the court. Except for
a protective order retained in the registry, the clerk of the court shall
provide a copy of the notice of extension or modification of a protective
order to each of the depositories to which the order and a confidential
form were sent. The clerk of the court shall maintain the notice of
extension or modification of a protective order in the court's file.
(g) The clerk of a court that issued an order terminating a protective
order that is an ex parte order shall provide a copy of the order to the
following:
(1) Each party.
(2) Except for a protective order retained in the registry, the law
enforcement agency provided with a copy of a protective order
under subsection (a).