Indiana Code
Chapter 7. Actions for Indecent Nuisances
32-30-7-12. Preliminary Injunction; Burden of Proof; Temporary Forfeiture; Closure Pending Final Decision on Permanent Injunction

Sec. 12. (a) If the plaintiff has applied for a preliminary injunction under section 9(a) of this chapter and, at the preliminary injunction hearing, the plaintiff proves by a preponderance of the evidence that the indecent nuisance exists as alleged in the complaint, the court shall issue a preliminary injunction, without additional bond, restraining the defendant and any other person from continuing the indecent nuisance.
(b) If a defendant is enjoined under subsection (a) and it appears that the person owning, in control of, or in charge of the indecent nuisance received five (5) days notice of the hearing, the court shall:
(1) declare a temporary forfeiture of the use of the real property upon which the indecent nuisance is located and the personal property located at the site; and
(2) immediately issue an order closing the place against its use for any purpose until a final decision is rendered on the application for a permanent injunction;
unless the person owning, in control of, or in charge of the indecent nuisance shows to the satisfaction of the court, by competent and admissible evidence subject to cross-examination, that the indecent nuisance complained of has been abated by the person.
[Pre-2002 Recodification Citation: 34-19-2-7.]
As added by P.L.2-2002, SEC.15.

Structure Indiana Code

Indiana Code

Title 32. Property

Article 30. Causes of Action Concerning Real Property

Chapter 7. Actions for Indecent Nuisances

32-30-7-1. "Indecent Nuisance"

32-30-7-2. "Person"

32-30-7-3. "Place"

32-30-7-4. "Prosecuting Official"

32-30-7-5. "Public Place"

32-30-7-6. Persons Guilty of Maintaining an Indecent Nuisance

32-30-7-7. Action by Prosecuting Official; Actions by Other Persons

32-30-7-8. Venue

32-30-7-9. Preliminary Injunction; Hearing; Restraining Order; Service

32-30-7-10. Complaint; Notice; Hearing; Service

32-30-7-11. Consolidation of Trial on Merits and Hearing on Request for Preliminary Injunction

32-30-7-12. Preliminary Injunction; Burden of Proof; Temporary Forfeiture; Closure Pending Final Decision on Permanent Injunction

32-30-7-13. Effect of Preliminary Injunction; Restraining Orders

32-30-7-14. Restraining Orders; Service; Inventory

32-30-7-15. Owner of Real Property; Payment of Costs; Surety; Abatement of Indecent Nuisance; Showing Good Faith; Discharge of Preliminary Injunction

32-30-7-16. Owner of Personal Property; Petition for Release of Property; Good Faith; Discharge of Preliminary Injunction

32-30-7-17. Release of Property; Liens

32-30-7-18. Precedence of Indecent Nuisance Action

32-30-7-19. Evidence

32-30-7-20. Actions by Private Persons; Dismissal; Prosecution by Prosecuting Attorney; Costs

32-30-7-21. Burden of Proof; Judgment for Perpetual Enjoinment

32-30-7-22. Order of Abatement; Requirements; Release of Property; Claiming Property

32-30-7-23. Violation of Court Orders

32-30-7-24. Collected Money Paid to County Treasurer; Proceeds of Sales Applied to Costs

32-30-7-24.5. Distribution of Money Collected in Human Trafficking Actions

32-30-7-25. Indecent Nuisances Created by Tenants; Voidable Title; Reversion to Owner; Entry