Indiana § 34-26-6-15 - Limitations on orders and injunctions

§ 34-26-6-15. Limitations on orders and injunctions

Sec. 15. This chapter may not be construed to:

(1) permit a court to issue a temporary restraining order or an injunction that prohibits speech or any other activity that is constitutionally protected or otherwise protected by another law;

(2) prevent either party from representation by private counsel or from pro se representation; or

(3) expand, diminish, alter, or modify the duty, if any, of an employer to provide a safe workplace for an employee or another person.

As added by P.L.133-2002, SEC.57.

IC 34-26-7.5Chapter 7.5. Petitions to Expunge Protection Orders

34-26-7.5-1Application 34-26-7.5-2Definitions 34-26-7.5-3Petition to expunge protection order records 34-26-7.5-4Duties of court upon receipt of petition to expunge protection order 34-26-7.5-5Expungement hearing; burden of proof 34-26-7.5-6Records expunged 34-26-7.5-7Effect of expungement

IC 34-26-7.5-1Application Sec. 1. This chapter applies to a person named as the subject of a protection order, and if one (1) of the following applies:

(1) A protection order was issued to the plaintiff, but is subsequently terminated due to the:

(A) dismissal of the petition before a court hearing on the protection order;

(B) denial of the protection order upon the order of the court; or

(C) failure of the plaintiff to appear to the court hearing on the protection order.

(2) A protection order was reversed or vacated by an appellate court.

(3) A petition for a protection order was filed but the court did not grant the petition.

As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.3.

IC 34-26-7.5-2Definitions Sec. 2. The following definitions apply throughout this chapter:

(1) "Protection order" means an Indiana civil protection order under IC 34-26-5. The term includes an order for protection and an order for protection ex parte.

(2) "Protection order records" means an Indiana civil protection order under IC 34-26-5 and all records that relate to the protection order, including the petition for the protection order.

(3) "Subject of a protection order" means the person against whom a protection order was issued.

(4) "Plaintiff" means the person for whom a protection order was issued.

(5) "Expungement" means the sealing of protection order records from public inspection, but not from a law enforcement agency or the court.

As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.4.

IC 34-26-7.5-3Petition to expunge protection order records Sec. 3. (a) At any time after a court dismisses or denies an order for protection following issuance of an order for protection ex parte, as described in section 1(1) of this chapter, the subject of the protection order may petition to expunge protection order records:

(1) with the court that issued or denied the protection order; and

(2) in the cause the protection order was issued under.

(b) A petition seeking to expunge protection order records must be filed under seal, verified, and include the following information:

(1) The petitioner's full name.

(2) The petitioner's date of birth.

(3) The petitioner's address.

(4) The case number or court cause number, if available.

(5) The petitioner's Social Security number.

(6) The petitioner's driver's license number.

(7) The date of the order for protection or order for protection ex parte, if applicable.

(8) A description of why the petitioner is entitled to relief, including all relevant dates.

(9) Certified copies of the following, if applicable:

(A) The order for protection.

(B) The order for protection ex parte.

(C) The order denying an order for protection.

(D) The opinion from the appellate court reversing or vacating an order for protection or an order for protection ex parte.

(c) The petition may include any other information that the petitioner believes may assist the court.

As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.5.

IC 34-26-7.5-4Duties of court upon receipt of petition to expunge protection order Sec. 4. (a) Unless the petition is incomplete, or the petition conclusively indicates that the petitioner is not entitled to relief, the court shall:

(1) redact the petitioner's:

(A) date of birth;

(B) Social Security number; and

(C) driver's license number;

from the petition;

(2) serve a copy of the redacted petition under subdivision (1) on the plaintiff who originally sought the protection order; and

(3) set the matter for hearing.

The plaintiff who originally sought the protection order is entitled to appear at the hearing.

(b) If:

(1) the plaintiff who originally sought the protection order waives in writing the right to appear at the hearing; and

(2) the petition conclusively indicates that the petitioner is entitled to relief;

the court may issue an order to expunge a protection order without holding a hearing.

(c) The grant or denial of a petition for expungement is a final appealable order.

As added by P.L.219-2019, SEC.2.

IC 34-26-7.5-5Expungement hearing; burden of proof Sec. 5. The petitioner bears the burden of proof in a proceeding to expunge protection order records. The court shall order the protection order records expunged if the petitioner proves by a preponderance of the evidence that the petitioner is entitled to relief.

As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.6.

IC 34-26-7.5-6Records expunged Sec. 6. (a) If a court orders protection order records expunged under this chapter, the court shall do the following with respect to the specific records expunged by the court:

(1) Order the office of judicial administration to remove the protection order from the Indiana protective order registry established under IC 5-2-9-5.5.

(2) Redact or permanently seal the court's own records relating to the protection order.

(b) If an appellate court reverses or vacates a protection order, and the protection order is then expunged, the appellate court shall:

(1) redact the opinion or memorandum decision as it appears on the computer gateway administered by the office of technology so that it does not include the name of the subject of the protection order (in the same manner that opinions involving juveniles are redacted); and

(2) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order of expungement.

The supreme court and the court of appeals are not required to redact, destroy, or otherwise dispose of any existing copy of an opinion or memorandum decision that includes the name of the subject of the protection order.

As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.7.

IC 34-26-7.5-7Effect of expungement Sec. 7. A petitioner whose protection order records are expunged under this chapter:

(1) shall be treated as if the protection order and petition for protection order had never been filed; and

(2) may answer truthfully to a question from the petitioner's employer or prospective employer that a petition or order of protection has never been filed against the petitioner.

As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.8.

IC 34-27ARTICLE 27. SPECIAL PROCEEDINGS: MANDATE AND PROHIBITION

Ch. 1.Writs of Mandate and Prohibition Ch. 2.Writs of Prohibition Ch. 3.Actions for Mandate

IC 34-27-1Chapter 1. Writs of Mandate and Prohibition

34-27-1-1Actions for mandate; procedure 34-27-1-2Writs of mandate and prohibition in aid of appellate powers and functions 34-27-1-3Supreme court writ of mandate or prohibition to inferior court 34-27-1-4Costs