Indiana § 34-26-5-10 - Hearing after ex parte order

§ 34-26-5-10. Hearing after ex parte order

Sec. 10. (a) If a court issues:

(1) an order for protection ex parte effective for a period described under section 9(f) of this chapter; or

(2) a modification of an order for protection ex parte effective for a period described under section 9(f) of this chapter;

and provides relief under section 9(c) of this chapter, upon a request by either party at any time after service of the order or modification, the court shall set a date for a hearing on the petition. Except as provided in subsection (c), the hearing must be held not more than thirty (30) days after the request for a hearing is filed unless continued by the court for good cause shown. The court shall notify both parties by first class mail of the date and time of the hearing. A party may only request one (1) hearing on a petition under this subsection.

(b) If a court issues:

(1) an order for protection ex parte effective for a period described under section 9(g) of this chapter; or

(2) a modification of an order for protection ex parte effective for a period described under section 9(g) of this chapter;

and provides relief under section 9(c) of this chapter, upon a request by either party not more than thirty (30) days after service of the order or modification, the court shall set a date for a hearing on the petition. Except as provided in subsection (c), the hearing must be held not more than thirty (30) days after the request for a hearing is filed unless continued by the court for good cause shown. The court shall notify both parties by first class mail of the date and time of the hearing. A party may only request one (1) hearing on a petition under this subsection.

(c) A court shall set a date for a hearing on the petition not more than thirty (30) days after the filing of the petition if a court issues an order for protection ex parte or a modification of an order of protection ex parte and:

(1) a petitioner requests or the court provides relief under section 9(c)(4), 9(c)(6), 9(c)(7), 9(c)(8), or 9(c)(9) of this chapter; or

(2) a petitioner requests relief under section 9(d)(2), 9(d)(3), or 9(d)(4) of this chapter.

The hearing must be given precedence over all matters pending in the court except older matters of the same character.

(d) In a hearing under this section:

(1) relief under section 9 of this chapter is available; and

(2) if a respondent seeks relief concerning an issue not raised by a petitioner, the court may continue the hearing at the petitioner's request.

As added by P.L.133-2002, SEC.56. Amended by P.L.112-2017, SEC.2; P.L.266-2019, SEC.10; P.L.159-2022, SEC.3; P.L.178-2022(ts), SEC.21; P.L.172-2023, SEC.2.