Ind. Elkhart Cnty. Local Rule LR20-TR65-423

A. No application for a temporary restraining order not authorized pursuant to Indiana Code 34-26-5

or 6 shall be issued without strict compliance with the requirements of Trial Rule 65.

B. 410.4 TRIAL RULE 65 (E) (1)

1. Temporary Restraining Order-Marital Property if there is an allegation that an injury would result

to the moving party if no immediate order were issued. Such allegations should be detailed and

substantial.

2. Temporary Restraining Order-Relocation of Children may be issued if there is an allegation that

removal of children would result if no immediate order were issued. Such allegations should be

detailed and substantial.

3. Preparation of Temporary Restraining Order. Like all other motions, a proposed order must be

filed for the court’s consideration.

4. All Orders Granting Temporary Restraining Orders without notice shall be set for hearing as soon

as practical.

C. Motions Alleging Emergencies

1. Trial Rule 65(B)(1) and (2), and current case law, including In Re: Anonymous,729 N.E.2d 566

(Ind. 2000), shall govern all motions alleging an emergency where Court action is sought without

notice. Strict construction and application of Trial Rule 65(B) shall be required.

2. Emergency relief may also be sought upon notice. The Court will review such motions and may

set them upon summary hearing or other expedited hearing.