§ 34-26-5-2 Persons authorized to file petition; relief sought against unemancipated minor

Codes > Indiana Code > Title 34 > Article 26 : Chapter 5 > 34-26-5-2 Persons

34-26-5-2 Persons authorized to file petition; 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; or

        (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 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.

    (c) 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.

    (d) 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.