§ 34-26-5-6 Rules applicable to order

Codes > Indiana Code > Title 34 > Article 26 : Chapter 5 > 34-26-5-6 Rules

34-26-5-6 Rules applicable to order

    Sec. 6. The following rules apply to an order for protection issued under this chapter:

    (1) An order for protection is in addition to, and not instead of, another available civil or criminal proceeding.

    (2) A petitioner is not barred from seeking an order because of another pending proceeding.

    (3) A court may not delay granting relief because of the existence of a pending action between the petitioner and respondent.

    (4) If a person who petitions for an ex parte order for protection also has a pending case involving:

        (A) the respondent; or

        (B) a child of the petitioner and respondent;

    the court that has been petitioned for relief shall immediately consider the ex parte petition and then transfer that matter to the court in which the other case is pending.

    (5) If a person files a petition for an order of protection requesting relief that:

        (A) does not require a hearing under sections 9(b) and 10(a) of this chapter; and

    (B) requires a hearing under sections 9(c) and 10(b) of this chapter;

    the court may issue an ex parte order for protection providing relief under clause (A) at any time before the required hearing under clause (B).