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Ex Parte Order For Protection And Findings Form. This is a Indiana form and can be use in Protective Order Statewide.
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Tags: Ex Parte Order For Protection And Findings, PO-0105, Indiana Statewide, Protective Order
PO-0105
Approved 07-01-02
Revised
07-01-09
STATE OF INDIANA
)
) SS:
COUNTY OF ________ )
IN THE ________________COURT___
(___________ DIVISION, ROOM ____)
CASE NO._________________________
_______________________,)
Petitioner
)
vs.
)
_______________________,)
Respondent
)
EX PARTE ORDER FOR PROTECTION
The Court, under the authority of Indiana Code § 34-26-5-9 (b), issues this Ex Parte
Order for Protection.
FINDINGS
The Court, having reviewed the Petition and/or hearing testimony, now makes the
following Findings:
a.
The Petitioner has shown, by a preponderance of the evidence, that domestic or
family violence, stalking, or a sex offense has occurred sufficient to justify the
issuance of this Order.
b. This order does / does not protect an intimate partner or child.
c. The Respondent represents a credible threat to the safety of the Petitioner or a
member of the Petitioner’s household.
d. The following relief is necessary to bring about a cessation of the violence or the
threat of violence.
IDACS Codes:
ORDER
(Check all applicable relief ordered)
___1. The Respondent is hereby enjoined from threatening to commit or committing
acts of domestic or family violence, stalking, or a sex offense against the
Petitioner and the following designated family or household members, if any:
__________________________________________________________________
__________________________________________________________________
_________________________________________________________________.
___2. The Respondent is prohibited from harassing, annoying, telephoning, contacting,
or directly or indirectly communicating with the Petitioner, except: ___________
__________________________________________________________________
__________________________________________________________________
___3. The Respondent shall be removed and excluded from the Petitioner’s residence.
01 Petitioner
02 - Others
05
03
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PO-0105
Approved 07-01-02
Revised
07-01-09
___4. The Respondent is ordered to stay away from the residence, school, and/or place
of employment of the Petitioner. The Respondent is further ordered to stay away
from the following place(s) that is/are frequented by the Petitioner and/or the
Petitioner’s family or household members: ______________________________
________________________________________________________________.
___5. The Petitioner shall have the possession and use of the residence/motor
vehicle/other essential personal effects as follows:
________________________________________________________________
________________________________________________________________
________________________________________________________________.
___6. The Court orders the following additional relief to provide for the safety and
welfare of the Petitioner and each family or household member designated in
Paragraph 1 of this Order:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________.
___7. To law enforcement officers: You are hereby directed to accompany the
Petitioner to the residence of the parties to ensure that the Petitioner is safely
restored to the possession of the residence/motor vehicle/other essential
personal effects listed above; and/or, you are to supervise the Petitioner’s or
Respondent’s removal of personal belongings.
04
03 –
Residence
08 - Other
08
08
THIS EX PARTE ORDER FOR PROTECTION EXPIRES:
____ TWO (2) YEARS FROM THE DATE IT IS ISSUED;
OR
____ ON THE _____ DAY OF ______________________, 20___.
THE RESPONDENT IS ORDERED TO PAY COURT COSTS TO THE CLERK IN
THE AMOUNT OF $_____ UNDER INDIANA CODE § 34-26-5-16.
DATE: __________
Recommended for approval by, if applicable:
_____________________________________
____________, COMMISSIONER/REFEREE
Approved and ordered by:
_____________________________________
________________, JUDGE/MAGISTRATE
******IMPORTANT NOTICE******
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PO-0105
Approved 07-01-02
Revised
07-01-09
VIOLATION OF THIS ORDER IS PUNISHABLE BY CONFINEMENT IN
JAIL, PRISON, AND/OR A FINE.
IF SO ORDERED BY THE COURT, THE RESPONDENT IS FORBIDDEN
TO ENTER OR STAY AT THE PETITIONER’S RESIDENCE OR RESIDENCE
OF ANY CHILD WHO IS THE SUBJECT OF THE ORDER, EVEN IF INVITED
TO DO SO BY THE PETITIONER OR ANY OTHER PERSON. IN NO EVENT
IS THE ORDER FOR PROTECTION VOIDED.
PURSUANT TO 18 U.S.C. 2265, THIS ORDER FOR PROTECTION
SHALL BE GIVEN FULL FAITH AND CREDIT IN ANY OTHER STATE OR
TRIBAL LAND AND SHALL BE ENFORCED AS IF IT WERE AN ORDER
ISSUED IN THAT STATE OR TRIBAL LAND.
PURSUANT TO 18 U.S.C. 922(g), ONCE A RESPONDENT HAS
RECEIVED NOTICE OF THIS ORDER AND AN OPPORTUNITY TO BE
HEARD, IT IS A FEDERAL VIOLATION TO PURCHASE, RECEIVE, OR
POSSESS A FIREARM WHILE SUBJECT TO THIS ORDER IF THE
PROTECTED PERSON IS:
(A) THE RESPONDENT’S CURRENT OR FORMER SPOUSE;
(B) A CURRENT OR FORMER PERSON WITH WHOM THE
RESPONDENT RESIDED WHILE IN AN INTIMATE RELATIONSHIP;
OR
(C) A PERSON WITH WHOM THE RESPONDENT HAS A CHILD.
INTERSTATE VIOLATION OF THIS ORDER MAY SUBJECT THE
RESPONDENT TO FEDERAL CRIMINAL PENALTIES UNDER 18 U.S.C. 2261
AND 18 U.S.C. 2262.
YOU HAVE THE RIGHT TO REQUEST THAT A HEARING BE HELD
ON THE ISSUES OF THIS CASE. YOU MUST REQUEST THE HEARING IN
WRITING WITHIN THIRTY (30) DAYS OF RECEIVING THIS ORDER. IF
REQUESTED, THE COURT STAFF/CLERK WILL PROVIDE YOU WITH THE
FORMS CONTAINING THE REQUIRED INFORMATION YOU NEED TO
SUBMIT TO OBTAIN A HEARING IN THIS CASE.
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