Ind. Marion Cnty. Fam. Local Rule LR49-FR00-507

Subject to the provisions of Indiana Trial Rule 65 and Indiana case law, in all family law matters, the

court may issue a Temporary Restraining Order without hearing or security, if either party files a verified

petition with specific allegations that irreparable harm or injury would result to the moving party if no

immediate order were issued, or as otherwise as delineated in this Rule.

A. Joint Order. If the court finds that an order shall be entered, the court may enjoin both parties

from:

1. Transferring, encumbering, concealing, selling or otherwise disposing of any joint

property of the parties or asset of the marriage without the written consent of parties or the permission of

the court;

2. Removing any child of the parties then residing in the State of Indiana from the State

with the intent to deprive the court of jurisdiction over such child without the prior written consent of all

parties or the permission of the court.

B. Separate Order Required. In the event a party seeks to enjoin the non-moving party from abusing,

harassing or disturbing the peace, of the moving party or any child or step-child of the parties, or exclude

the non-moving party from the marital residence, the petition must allege specific facts indicating more

than a generalized fear of an adverse action; contain evidence of actual or threatened physical or

emotional abuse sufficient to find a risk of imminent danger; in the case of an eviction or custody request

also show that the moving party is physically available to testify unless there is a showing of exceptional

circumstances; and in all cases for restraining order, certify to the court the reasons supporting the claim

that notice cannot be given. A joint or mutual restraining or protective order shall not be issued. If both

parties allege injury, they shall do so by separate petitions. The court shall review each petition separately

and rule on each with separate orders.

C. Confidential Form. The moving party shall provide the court with a completed

Confidential Form concerning the non-moving party.

D. Notice of Termination. When a court issues a Temporary Restraining Order under Indiana Code §

31-15-4-3 and a protective order exists for the parties under Indiana Code § 34-26-2 et seq., a Notice of

Termination of the protective order shall be completed pursuant to Indiana Code § 34-26-2-13. A Notice

of Termination shall be completed when a Temporary Restraining Order is dissolved by the entry of a

decree or court order.

E. Notice of Extensıon or Modifıcation. When a Temporary Restraining Order is extended or

modifıed by the entry of a decree or court order, a Notice of Extension or Modification shall be

completed.

F. Protective Orders. When a court has issued a protective order prior to the fıling of a Petition for

Dissolution or initiation of a paternity proceeding, and a dissolution or paternity proceeding is later filed,

pursuant to Ind. Code § 34-26-5-6(4), the court that issued the protective order may, on it own motion, or

upon petition and order, transfer the protective order fıle to the court handling the dissolution or paternity

case. If there is a pending family law matter, the court where the family law cause is pending shall hear

the emergency protective order request, unless otherwise impractical. The Clerk shall fıle a new

protective order proceeding in the court where the family law case is pending. An emergency request

relating to a previously disposed cause involving a family with children or paternity shall be filed in the

court where the case originated.