Sec. 9. (a) After filing the complaint, a complainant may apply to the court for a preliminary injunction. The court shall grant a hearing on the complainant’s motion for preliminary injunction not later than ten (10) days after it is filed.
(b) If an application for a preliminary injunction is made, the court may, on application of the complainant showing good cause, issue an ex parte restraining order restraining the defendant and all other persons from removing or in any manner interfering with the personal property and contents of the place where the indecent nuisance is alleged to exist until the decision of the court granting or refusing a preliminary injunction and until further order of the court. However, pending the court's decision, the stock in trade may not be restrained, but an inventory and full accounting of business transactions after the restraining order may be required.
(c) A restraining order issued under subsection (b) may be served by:
(1) handing to and leaving a copy of the order with a person who is:
(A) in charge of the place; or
(B) a resident of the place; or
(2) posting a copy of the order in a conspicuous place at or upon at least one (1) of the principal doors or entrances to the place.
(d) The officer serving a restraining order issued under subsection (b) shall immediately make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining alleged the indecent nuisance.
(e) Violation of a restraining order served under subsection (c) (or IC 34-1-52.5-4 or IC 34-19-2-4 before their repeal) is a contempt of court.
(f) If a restraining order is posted under subsection (c)(2), mutilation or removal of the order while it is in force is a contempt of court if the order contains a notice stating that mutilating or removing the order while it is in force is a contempt of court.
[Pre-2002 Recodification Citation: 34-19-2-4.]
As added by P.L.2-2002, SEC.15.
Structure Indiana Code
Article 30. Causes of Action Concerning Real Property
Chapter 7. Actions for Indecent Nuisances
32-30-7-1. "Indecent Nuisance"
32-30-7-4. "Prosecuting Official"
32-30-7-6. Persons Guilty of Maintaining an Indecent Nuisance
32-30-7-7. Action by Prosecuting Official; Actions by Other Persons
32-30-7-9. 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
32-30-7-13. Effect of Preliminary Injunction; Restraining Orders
32-30-7-14. Restraining Orders; Service; Inventory
32-30-7-17. Release of Property; Liens
32-30-7-18. Precedence of Indecent Nuisance Action
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