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 person who is or has been subjected to harassment may file a
petition for an order for protection against a person who has committed
repeated acts of harassment against the petitioner.
(c) 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;
(2) person who has committed stalking under IC 35-45-10-5 or a
sex offense under IC 35-42-4 against the child;
(3) person who has committed repeated acts of harassment against
the child; or
(4) person who engaged in a course of conduct involving repeated
or continuing contact with a child that is intended to prepare or
condition a child for sexual activity (as defined in IC 35-42-4-13).
(d) 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.
(e) 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.
(f) If a petition for an order for protection is filed by a person or on
behalf of an unemancipated minor, the court shall determine, after
reviewing the petition or making an inquiry, whether issuing the order
for protection may impact a school corporation's ability to provide
in-person instruction for the person or the unemancipated minor. If the
court determines that issuing the order for protection may impact a
school corporation's ability to provide in-person instruction for the
person or the unemancipated minor, then the court may not issue the
order for protection until the following requirements are met:
(1) Notice is provided to the school corporation, by registered
mail or certified mail, that includes:
(A) notice of the petition for the order for protection; and
(B) the date for the hearing on the petition for the order for
protection, if applicable.
(2) Upon receipt of the notice, the school corporation is allowed
to:
(A) respond to the notice not later than three (3) business days
after receipt of the notice; and
(B) testify at the hearing on the petition for the order for
protection.
If the school corporation fails to respond to the notice of the petition for
the order for protection as described in subdivision (2), then the court
may issue the order for protection described in this subsection.
As added by P.L.133-2002, SEC.56. Amended by P.L.40-2019,
SEC.3; P.L.266-2019, SEC.6; P.L.156-2020, SEC.126; P.L.67-2021,
SEC.1.
Notes of Decisions
Jeffrey A. Hanauer v. Colleen T. Hanauer, 981 N.E.2d 147 (Ind. Ct. App. 2013).
· cites it 6× “] I.C. § 34-26-5-2(a). “A finding that domestic or family violence has occurred sufficient to justify the issuance of [a protective order] .”
C.H. v. A.R., 72 N.E.3d 996 (Ind. Ct. App. 2017).
· cites it 8× “The trial court also noted that, under the protective order statute—Indiana Code § 34-26-5-2(b)—only “a parent, a guardian, or another representative” is authorized to file a petition for a protective order on behalf of a minor.”
Tisdial v. Young, 925 N.E.2d 783 (Ind. Ct. App. 2010).
· cites it 4× “Ind.Code § 34-26-5-2(a). 3 The trial court may issue or modify an order for protection only upon a finding "that domestic or family violence has occurred.”
S.B. v. Seymour Cmty. Schs., 97 N.E.3d 288 (Ind. Ct. App. 2018).
· cites it 10× “The Act further states that such a petition must be filed against either a "family or household member who commits an act of domestic or family violence" or against a "person who has committed stalking ... or a sex offense" against the petitioner or the child.”
Essany v. Bower, 790 N.E.2d 148 (Ind. Ct. App. 2003).
· cites it 6× “Issue Two: Dismissal of Essany’s Petition Essany also claims that the trial court erred when it found that she had not met the statutory requirements to receive a permanent protection order under Indiana Code Section 34-26-5-2. 5 Specifically, she directs us to the court’s…”
Mysliwy v. Mysliwy, 953 N.E.2d 1072 (Ind. Ct. App. 2011).
· cites it 4× “Ind.Code § 34-26-5-2(a). To obtain a protective order under CPOA, the petitioner must establish by a preponderance of the evidence at least one of the allegations ■ in the petition.”
Parkhurst v. Van Winkle, 786 N.E.2d 1159 (Ind. Ct. App. 2003).
· cites it 4× “" We agree with the trial court that, looking solely at the language of Indiana Code *1162 Section 34-26-5-2, it is difficult to discern how a person who alleges she is being stalked by someone other than a family or household member could be a victim of "domestic" or "family"…”
VanHorn v. State, 889 N.E.2d 908 (Ind. Ct. App. 2008).
· cites it 4× “]" Ind.Code § 34-26-5-2. "Domestic or family violence" includes stalking as defined in Indiana Code Section 35-45-10-5.”
C.V. v. C.R., 64 N.E.3d 850 (Ind. Ct. App. 2016).
· cites it 2× “2d at 511 ; see also I.C. § 34-26-5-2(a)(2) (allowing a petitioner to file a petition for a protective order against a “person who has committed stalking”).”
John A. Fox v. Tracy Bonam & Doug Bonam, 45 N.E.3d 794 (Ind. Ct. App. 2015).
· cites it 2× “Ind.Code § 34-26-5-2(a). A finding that domestic violence has occurred sufficient to justify the issuance of a protective order “means that a respondent represents • a credible threat to the safety of a petitioner or a member of the petitioner’s household.”
Aiken v. Stanley, 816 N.E.2d 427 (Ind. Ct. App. 2004).
· cites it 2× “Indiana Code Section 34-26-5-2(a) provides that "[a] person who is or has been a victim of domestic or family violence may file a petition for an order of protection against a: (1) family or household member who commits an act of domestic or family violence; or (2) person who…”
Jarrett v. State, 804 N.E.2d 807 (Ind. Ct. App. 2004).
· cites it 4× “Indiana Code § 34-26-5-2 authorizes a victim of domestic violence to file a petition to seek a protective order against the individual who committed the domestic violence.”
Ind. Code § 34-26-5-2(a): 30 cases
Tisdial v. Young, 925 N.E.2d 783 (Ind. Ct. App. 2010).
“Ind.Code § 34-26-5-2(a). 3 The trial court may issue or modify an order for protection only upon a finding "that domestic or family violence has occurred.”
Mysliwy v. Mysliwy, 953 N.E.2d 1072 (Ind. Ct. App. 2011).
“Ind.Code § 34-26-5-2(a). To obtain a protective order under CPOA, the petitioner must establish by a preponderance of the evidence at least one of the allegations ■ in the petition.”
S.B. v. Seymour Cmty. Schs., 97 N.E.3d 288 (Ind. Ct. App. 2018).
“The Act further states that such a petition must be filed against either a "family or household member who commits an act of domestic or family violence" or against a "person who has committed stalking ... or a sex offense" against the petitioner or the child.”
Jeffrey A. Hanauer v. Colleen T. Hanauer, 981 N.E.2d 147 (Ind. Ct. App. 2013).
“] I.C. § 34-26-5-2(a). “A finding that domestic or family violence has occurred sufficient to justify the issuance of [a protective order] .”
John A. Fox v. Tracy Bonam & Doug Bonam, 45 N.E.3d 794 (Ind. Ct. App. 2015).
“Ind.Code § 34-26-5-2(a). A finding that domestic violence has occurred sufficient to justify the issuance of a protective order “means that a respondent represents • a credible threat to the safety of a petitioner or a member of the petitioner’s household.”
Ind. Code § 34-26-5-2(a)(1): 5 cases
Mysliwy v. Mysliwy, 953 N.E.2d 1072 (Ind. Ct. App. 2011).
“Ind.Code § 34-26-5-2(a). To obtain a protective order under CPOA, the petitioner must establish by a preponderance of the evidence at least one of the allegations ■ in the petition.”
Jeffrey A. Hanauer v. Colleen T. Hanauer, 981 N.E.2d 147 (Ind. Ct. App. 2013).
“] I.C. § 34-26-5-2(a). “A finding that domestic or family violence has occurred sufficient to justify the issuance of [a protective order] .”
Ind. Code § 34-26-5-2(a)(2): 9 cases
Parkhurst v. Van Winkle, 786 N.E.2d 1159 (Ind. Ct. App. 2003).
“" We agree with the trial court that, looking solely at the language of Indiana Code *1162 Section 34-26-5-2, it is difficult to discern how a person who alleges she is being stalked by someone other than a family or household member could be a victim of "domestic" or "family"…”
C.V. v. C.R., 64 N.E.3d 850 (Ind. Ct. App. 2016).
“2d at 511 ; see also I.C. § 34-26-5-2(a)(2) (allowing a petitioner to file a petition for a protective order against a “person who has committed stalking”).”
Jeffrey A. Hanauer v. Colleen T. Hanauer, 981 N.E.2d 147 (Ind. Ct. App. 2013).
“] I.C. § 34-26-5-2(a). “A finding that domestic or family violence has occurred sufficient to justify the issuance of [a protective order] .”
Essany v. Bower, 790 N.E.2d 148 (Ind. Ct. App. 2003).
“Issue Two: Dismissal of Essany’s Petition Essany also claims that the trial court erred when it found that she had not met the statutory requirements to receive a permanent protection order under Indiana Code Section 34-26-5-2. 5 Specifically, she directs us to the court’s…”
Ind. Code § 34-26-5-2(b): 11 cases
C.H. v. A.R., 72 N.E.3d 996 (Ind. Ct. App. 2017).
“The trial court also noted that, under the protective order statute—Indiana Code § 34-26-5-2(b)—only “a parent, a guardian, or another representative” is authorized to file a petition for a protective order on behalf of a minor.”
Tisdial v. Young, 925 N.E.2d 783 (Ind. Ct. App. 2010).
“Ind.Code § 34-26-5-2(a). 3 The trial court may issue or modify an order for protection only upon a finding "that domestic or family violence has occurred.”
S.B. v. Seymour Cmty. Schs., 97 N.E.3d 288 (Ind. Ct. App. 2018).
“The Act further states that such a petition must be filed against either a "family or household member who commits an act of domestic or family violence" or against a "person who has committed stalking ... or a sex offense" against the petitioner or the child.”
Ind. Code § 34-26-5-2(c): 2 cases
Ind. Code § 34-26-5-2(c)(2): 1 case
Ind. Code § 34-26-5-2(e): 1 case
Ind. Code § 34-26-5-2(f): 1 case
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