CHAPTER 6. WORKPLACE VIOLENCE RESTRAINING ORDERS
IC 34-26-6
Chapter 6. Workplace Violence Restraining Orders
IC 34-26-6-0.5
Application
Sec. 0.5. This chapter does not apply to a case involving or
growing out of a labor dispute covered by IC 22-6-1.
As added by P.L.221-2003, SEC.11.
IC 34-26-6-1
"Course of conduct"
Sec. 1. As used in this chapter, "course of conduct" means a
pattern of conduct composed of a series of acts over a period of time,
however short, indicating a continuity of purpose, that includes the
following:
(1) Following or stalking an employee to or from the employee's
place of work.
(2) Entering the employee's place of work.
(3) Following an employee during the employee's hours of
employment.
(4) Making telephone calls to an employee during the
employee's hours of employment.
(5) Sending correspondence to an employee by means such as
public or private mail, interoffice mail, fax, or electronic mail.
As added by P.L.133-2002, SEC.57.
IC 34-26-6-2
"Credible threat of violence"
Sec. 2. As used in this chapter, "credible threat of violence"
means a knowing and willful statement or course of conduct that
does not serve a legitimate purpose and that causes a reasonable
person to fear for the person's safety or for the safety of the person's
immediate family.
As added by P.L.133-2002, SEC.57.
IC 34-26-6-3
"Employee"
Sec. 3. As used in this chapter, "employee" means:
(1) a person employed or permitted to work or perform a service
for remuneration;
(2) a member of a board of directors for a private, public, or
quasi-public corporation;
(3) an elected or appointed public officer; and
(4) a volunteer or an independent contractor who performs
services for an employer at the employer's place of work.
As added by P.L.133-2002, SEC.57. Amended by P.L.221-2003,
SEC.12.
IC 34-26-6-4
"Employer"
Sec. 4. As used in this chapter, "employer" means:
(1) an individual;
(2) a partnership;
(3) an association;
(4) a limited liability company;
(5) a corporation;
(6) a business trust;
(7) the state;
(8) a governmental agency; or
(9) a political subdivision;
that has at least two (2) employees during any work week.
As added by P.L.133-2002, SEC.57. Amended by P.L.221-2003,
SEC.13.
IC 34-26-6-5
"Unlawful violence"
Sec. 5. As used in this chapter, "unlawful violence", except for
lawful acts of self-defense or defense of others, means battery under
IC 35-42-2 or stalking under IC 35-45-10.
As added by P.L.133-2002, SEC.57.
IC 34-26-6-6
Employer may seek restraining order or injunction
Sec. 6. An employer may seek a temporary restraining order or
injunction on behalf of an employee to prohibit further violence or
threats of violence by a person if:
(1) the employee has suffered unlawful violence or a credible
threat of violence from the person; and
(2) the unlawful violence has been carried out at the employee's
place of work or the credible threat of violence can reasonably
be construed to be carried out at the employee's place of work
by the person.
As added by P.L.133-2002, SEC.57.
IC 34-26-6-7
Affidavit; irreparable harm
Sec. 7. A plaintiff may obtain a temporary restraining order under
section 6 of this chapter by filing a petition for an injunction if the
plaintiff:
(1) files an affidavit that shows, to the satisfaction of the court,
reasonable proof that an employee has suffered unlawful
violence or a credible threat of violence by the defendant; and
(2) demonstrates that great or irreparable harm has been
suffered by the employee or will be suffered by the employee.
As added by P.L.133-2002, SEC.57.
IC 34-26-6-8
Hearing; responsive pleading; burden of proof
Sec. 8. A court shall hold a hearing not more than fifteen (15)
days after a petition for an injunction is filed under section 7 of this
chapter. The defendant may file a cross-complaint or a responsive
pleading that explains, excuses, justifies, or denies the alleged
unlawful violence or credible threat of violence. The court shall:
(1) receive testimony and may make independent inquiry; and
(2) if the defendant is a current employee of the entity
requesting the injunction, receive testimony of the employer's
decision to retain, terminate, or otherwise discipline the
defendant.
If the judge finds by clear and convincing evidence that the
defendant engaged in unlawful violence or made a credible threat of
violence, the judge shall issue an injunction prohibiting further
unlawful violence or credible threats of violence.
As added by P.L.133-2002, SEC.57.
IC 34-26-6-9
Effective dates; renewal
Sec. 9. An injunction issued under section 8 of this chapter may
remain in effect for not more than three (3) years. Not more than
three (3) months before the expiration of an injunction, a plaintiff
may apply for a renewal of the injunction by filing a new petition
under section 8 of this chapter.
As added by P.L.133-2002, SEC.57.
IC 34-26-6-10
Service
Sec. 10. A defendant shall be personally served with a copy of the
petition, temporary restraining order, if any, and a notice of the
hearing not less than five (5) days before the hearing. However, the
court may, for good cause, upon the filing of a motion by a plaintiff
or upon the court's own motion, shorten the time for service on the
defendant.
As added by P.L.133-2002, SEC.57.
IC 34-26-6-11
Delivery to law enforcement agency; availability of information in
order or injunction to responding law enforcement officers
Sec. 11. The court shall order a plaintiff or the attorney for a
plaintiff to deliver a copy of each:
(1) temporary restraining order;
(2) injunction;
(3) modification of a temporary restraining order or an
injunction; and
(4) termination of a temporary restraining order or an
injunction;
to a law enforcement agency that is requested by a plaintiff and
approved by the court. The copies under subdivisions (1) through (4)
must be delivered by the close of the business day on which the order
is granted. Each law enforcement agency shall make information on
the existence and status of an order available to a law enforcement
officer responding to the scene of unlawful violence or a credible
threat of violence.
As added by P.L.133-2002, SEC.57.
IC 34-26-6-12
Intentional violation; invasion of privacy
Sec. 12. An intentional violation of a temporary restraining order
or an injunction issued under this chapter is punishable as set forth
under IC 35-46-1-15.1.
As added by P.L.133-2002, SEC.57.
IC 34-26-6-13
Forms; instructions; rules; transmission to IDACS
Sec. 13. (a) The division of state court administration shall
develop forms, instructions, and rules for the scheduling of hearings
and other procedures under this chapter. A party to an action under
this chapter must use the forms developed by the division of state
court administration.
(b) A temporary restraining order or an injunction issued for
harassment or domestic or family violence under this chapter must
be issued on forms adopted and approved by the division of state
court administration and must be consistent with IC 34-26-5-3.
However, an order or injunction issued under this section is not
rendered unenforceable solely because it is not issued on forms
adopted and approved by the division of state court administration.
(c) Information in a temporary restraining order or an injunction
relating to harassment or domestic or family violence must be
transmitted to the Indiana data and communication system (IDACS)
as required under IC 34-26-5-18.
As added by P.L.133-2002, SEC.57.
IC 34-26-6-14
Fees
Sec. 14. A filing fee may not be charged for a petition that alleges
that a person has:
(1) inflicted or threatened violence against an employee of the
plaintiff;
(2) stalked an employee of the plaintiff; or
(3) spoken in a manner that has placed an employee in
reasonable fear of violence;
and that seeks a temporary restraining order or an injunction to
restrain future violence or threats of violence. A filing fee may not
be charged for a responsive pleading described under section 8 of
this chapter.
As added by P.L.133-2002, SEC.57. Amended by P.L.221-2003,
SEC.14.
IC 34-26-6-15
Limitations on orders and injunctions
Sec. 15. This chapter may not be construed to:
(1) permit a court to issue a temporary restraining order or an
injunction that prohibits speech or any other activity that is
constitutionally protected or otherwise protected by another
law;
(2) prevent either party from representation by private counsel
or from pro se representation; or
(3) expand, diminish, alter, or modify the duty, if any, of an
employer to provide a safe workplace for an employee or
another person.
As added by P.L.133-2002, SEC.57.