Indiana § 32-30-7-12 - Preliminary injunction; burden of proof; temporary forfeiture; closure pending final decision on permanent injunction

§ 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.