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Legal Information: Indiana

Statutes: Indiana

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Updated: 
October 8, 2019

IC 34-26-5-2 Persons authorized to file petition; origination and transfer of case when relief sought against unemancipated minor

Sec. 2. (a) A person who is or has been a victim of domestic or family violence may file a petition for an order for protection against a:

(1) family or household member who commits an act of domestic or family violence;

(2) person who has committed stalking under IC 35-45-10-5 or a sex offense under IC 35-42-4 against the petitioner

(b) A person who is or has been subjected to harassment may file a petition for an order for protection against a person who has committed repeated acts of harassment against the petitioner.

(c) A parent, a guardian, or another representative may file a petition for an order for protection on behalf of a child against a:

(1) family or household member who commits an act of domestic or family violence; or

(2) person who has committed stalking under IC 35-45-10-5 or a sex offense under IC 35-42-4 against the child; or

<Text of subdivision (3) as inserted by P.L.40-2019, SEC.3. See, also, version of subdivision (3) as inserted by P.L.266-2019, SEC.6.>

(3) person who engaged in a course of conduct involving repeated or continuing contact with a child that is intended to prepare or condition a child for sexual activity (as defined in IC 35-42-4-13).

<Text of subdivision (3) as inserted by P.L.266-2019, SEC.6. See, also, version of subdivision (3) as inserted by P.L.40-2019, SEC.3.>

(3) person who has committed repeated acts of harassment against the child.

(d) A court may issue only one (1) order for each respondent. If a petitioner files a petition against more than one (1) respondent, the court shall:

(1) assign a new case number; and

(2) maintain a separate court file;

for each respondent.

(e) If a petitioner seeks relief against an unemancipated minor, the case may originate in any court of record and, if it is an emergency matter, be processed the same as an ex parte petition. When a hearing is set, the matter may be transferred to a court with juvenile jurisdiction.