Order Of Transfer To Court Form. This is a Indiana form and can be use in Protective Order Statewide.
Tags: Order Of Transfer To Court, PO-0122, Indiana Statewide, Protective Order
PO-0122 Approved 07-01-06 Revised 07-01-08 STATE OF INDIANA ) )SS: COUNTY OF __________________ ) IN THE________________COURT____ (______________DIVISION, ROOM___) CASE NO. ________________________ ______________________________ ) Petitioner ) vs ) ______________________________ ) Respondent ) ORDER OF TRANSFER TO COURT HAVING JURISDICTION OF THE PARTIES OR THEIR CHILDREN This petition for an order of protection was required to be filed in another court because ___ The petitioner and respondent are the parents of an unemancipated child and a final decree of paternity has been issued. Indiana Code § 31-14-16-1. ___ The petitioner and respondent are the parties to a dissolution of marriage or a legal separation action that is pending. Indiana Code § 31-15-4-1(b); Indiana Code § 31-15-5-1. ___ The petitioner and respondent are the parties to a dissolution action in which a decree establishing child custody and parenting time was issued, and the requested relief will effectively modify the decree. Meade v. Marshall Superior Court II, 644 N.E.2d 87 (Ind. 1994). This Court has considered a petition for an Ex Parte Order for Protection as required by Indiana Code § 34-26-5-6(3). However, ___ under Indiana Code § 34-26-5-9, Indiana Code § 34-26-5-10(b), and Indiana Code § 34-26-5-6(4) a hearing on the petition is required to be held in another court. ___ under Indiana Code § 34-26-5-10(a) and Indiana Code § 34-26-5-6(4) a hearing, if requested by the respondent, must be held in another court. ___ the petition involves a juvenile respondent, so the hearing, should be held in juvenile court. Indiana Code § 34-26-5-2(d). ___ the petition seeks an order controlling the conduct of a person in relation to a child who is the subject of a juvenile proceeding, so the hearing, should be held in juvenile court. Indiana Code § 31-32-13-1(1). ___ other reason for transfer, e.g. under local rule: _______________________________. Therefore, the Court transfers this proceeding to _____________________ for hearing (if requested) in connection with case number ______________________. This Court’s Ex Parte Order for Protection does not alter the custody or parenting time rights of the parties. Indiana Code § 34-26-5-9(c)(2). Any order of the proper court regarding custody, parenting time or possession or control of property shall supersede the order of protection issued by this court. Indiana Code § 34-26-59(g). 1 American LegalNet, Inc. www.FormsWorkflow.com PO-0122 Approved 07-01-06 Revised 07-01-08 In the event the transferee court may decline transfer, this Court’s Order for Protection shall remain in effect for thirty (30) days from today’s date or such duration as set forth in the protection order, to permit the petitioner or respondent to petition for appropriate relief from the proper court, including without limitation an emergency petition for modification of custody or parenting time in a paternity, dissolution or separation action or a petition for an emergency order to control the conduct of a person in relation to a child. Indiana Code § 31-32-13-1(1). DATE:______________ Recommended for approval by, if applicable: _____________________________________ ____________, COMMISSIONER/REFEREE Approved and ordered by: _____________________________________ ________________, JUDGE/MAGISTRATE 2 American LegalNet, Inc. www.FormsWorkflow.com