Sec. 6. The following rules apply to an order for protection issued under this chapter:
(1) An order for protection is in addition to, and not instead of, another available civil or criminal proceeding.
(2) A petitioner is not barred from seeking an order because of another pending proceeding.
(3) A court may not delay granting relief because of the existence of a pending action between the petitioner and respondent.
(4) If a person who petitions for an ex parte order for protection also has a pending case involving:
(A) the respondent; or
(B) a child of the petitioner and respondent;
the court that has been petitioned for relief shall immediately consider the ex parte petition and then transfer that matter to the court in which the other case is pending.
(5) If a person files a petition for an order of protection requesting relief that:
(A) does not require a hearing under sections 9(c) and 10(a) through 10(b) of this chapter; and
(B) requires a hearing under sections 9(d) and 10(c) of this chapter;
the court may issue an ex parte order for protection providing relief under clause (A) at any time before the required hearing under clause (B).
As added by P.L.133-2002, SEC.56. Amended by P.L.221-2003, SEC.9; P.L.266-2019, SEC.8; P.L.159-2022, SEC.1.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 26. Special Proceedings: Injunctions and Restraining Orders
Chapter 5. Indiana Civil Protection Order Act
34-26-5-1. Prevention of Domestic Violence, Family Violence, and Harassment
34-26-5-3. Forms; Clerical Assistance; Protective Order Registry
34-26-5-4. Jurisdiction; Venue
34-26-5-5. Duty to Inform Court of Other Legal Proceedings Involving a Party or Child of a Party
34-26-5-7. Address Confidentiality
34-26-5-8. Use of Forms; Transmission to Clerk
34-26-5-10. Hearing After Ex Parte Order
34-26-5-11. Exclusion From Residence Not Waived by Invitation From Petitioner
34-26-5-13. Lapse of Time Between Act and Filing of Petition
34-26-5-14. Prohibition on Mutual Orders
34-26-5-15. Prohibition on Mediation
34-26-5-18. Orders Entered Into Indiana Data and Communication System (Idacs)
34-26-5-20. Effect of Certain Protective Orders; Use of Forms