CHAPTER 9. PROTECTIVE ORDER DEPOSITORIES
IC 5-2-9
Chapter 9. Protective Order Depositories
IC 5-2-9-1
"Law enforcement agency" defined
Sec. 1. As used in this chapter, "law enforcement agency" means
the department or agency of a city or town whose principal function
is the apprehension of criminal offenders.
As added by P.L.53-1989, SEC.1.
IC 5-2-9-1.2
"IDACS coordinator" defined
Sec. 1.2. As used in this chapter, "IDACS coordinator" means an
individual who holds an administrative position within a law
enforcement agency that has operational Indiana data and
communication system (IDACS) terminals and who is appointed by
the director of the law enforcement agency.
As added by P.L.116-2009, SEC.1; P.L.130-2009, SEC.6. Amended
by P.L.1-2010, SEC.12.
IC 5-2-9-1.3
"County clerk" defined
Sec. 1.3. As used in this chapter, "county clerk" refers to the clerk
of the circuit court.
As added by P.L.280-2001, SEC.3.
IC 5-2-9-1.4
"Indiana protective order registry" or "registry" defined
Sec. 1.4. As used in this chapter, "Indiana protective order
registry" or "registry" means the Internet based registry of protective
orders established under section 5.5 of this chapter and developed
and maintained by the division of state court administration.
As added by P.L.116-2009, SEC.2; P.L.130-2009, SEC.7. Amended
by P.L.1-2010, SEC.13.
IC 5-2-9-1.5
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 5-2-9-1.6
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 5-2-9-1.7
"Protected person" defined
Sec. 1.7. As used in this chapter, "protected person" means a
person or an employer (as defined in IC 34-26-6-4) protected under
a protective order, as defined in section 2.1 of this chapter.
As added by P.L.221-2003, SEC.1. Amended by P.L.116-2009,
SEC.3; P.L.130-2009, SEC.8; P.L.1-2010, SEC.14.
IC 5-2-9-2
Repealed
(Repealed by P.L.1-1991, SEC.26.)
IC 5-2-9-2.1
"Protective order" defined
Sec. 2.1. (a) As used in this chapter, "protective order" means:
(1) a protective order issued under IC 34-26-5 (or, if the order
involved a family or household member, IC 34-26-2-12(1)(A),
IC 34-26-2-12(1)(B), IC 34-26-2-12(1)(C),
IC 34-4-5.1-5(a)(1)(A), IC 34-4-5.1-5(a)(1)(B), or
IC 34-4-5.1-5(a)(1)(C) before their repeal);
(2) an ex parte protective order issued under IC 34-26-5 (or, if
the order involved a family or household member, an
emergency protective order issued under IC 34-26-2-6(1),
IC 34-26-2-6(2), or IC 34-26-2-6(3) or IC 34-4-5.1-2.3(a)(1)(A),
IC 34-4-5.1-2.3(a)(1)(B), or IC 34-4-5.1-2.3(a)(1)(C) before
their repeal);
(3) a protective order issued under IC 31-15-4-1 (or
IC 31-1-11.5-7(b)(2), IC 31-1-11.5-7(b)(3), IC 31-16-4-2(a)(2),
or IC 31-16-4-2(a)(3) before their repeal);
(4) a dispositional decree containing a no contact order issued
under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-19-6 (or
IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order
containing a no contact order issued under IC 31-32-13 (or
IC 31-6-7-14 before its repeal);
(5) a no contact order issued as a condition of pretrial release,
including release on bail or personal recognizance, or pretrial
diversion;
(6) a no contact order issued as a condition of probation;
(7) a protective order issued under IC 31-15-5-1 (or
IC 31-1-11.5-8.2 or IC 31-16-5 before their repeal);
(8) a protective order issued under IC 31-14-16-1 in a paternity
action;
(9) a no contact order issued under IC 31-34-25 in a child in
need of services proceeding or under IC 31-37-25 in a juvenile
delinquency proceeding;
(10) a workplace violence restraining order issued under
IC 34-26-6;
(11) a child protective order issued under IC 31-34-2.3; or
(12) a foreign protective order registered under IC 34-26-5-17.
(b) Whenever a protective order is issued by an Indiana court, the
Indiana court must caption the order in a manner that indicates the
type of order issued and the section of the Indiana Code that
authorizes the protective order. The Indiana court shall also place on
the order the court's hours of operation and telephone number with
area code.
As added by P.L.1-1991, SEC.27. Amended by P.L.49-1993, SEC.1;
P.L.23-1994, SEC.1; P.L.1-1997, SEC.32; P.L.37-1997, SEC.1;
P.L.2-1998, SEC.13; P.L.1-1998, SEC.66; P.L.1-2001, SEC.2;
P.L.280-2001, SEC.6; P.L.1-2002, SEC.15; P.L.133-2002, SEC.3;
P.L.52-2007, SEC.1; P.L.116-2009, SEC.4; P.L.130-2009, SEC.9.
IC 5-2-9-3
"Sheriff" defined
Sec. 3. As used in this chapter, "sheriff" refers to a county sheriff.
As added by P.L.53-1989, SEC.1.
IC 5-2-9-4
Repealed
(Repealed by P.L.1-1991, SEC.28.)
IC 5-2-9-5
Depository established
Sec. 5. A depository is established in the office of each sheriff and
law enforcement agency in Indiana for the purpose of collecting,
maintaining, and retaining the following:
(1) Protective orders.
(2) No contact orders.
(3) Workplace violence restraining orders.
(4) Child protective orders.
As added by P.L.1-1991, SEC.29. Amended by P.L.49-1993, SEC.2;
P.L.1-1997, SEC.33; P.L.1-1998, SEC.67; P.L.1-2001, SEC.3;
P.L.280-2001, SEC.7; P.L.133-2002, SEC.4; P.L.52-2007, SEC.2.
IC 5-2-9-5.5
Indiana protective order registry; duties of division of state court
administration
Sec. 5.5. (a) The Indiana protective order registry is established.
(b) The registry is an Internet based, electronic depository for
protective orders. Copies of all protective orders shall be retained in
the registry.
(c) The registry must contain confidential information about
protected persons.
(d) The division of state court administration shall create, manage,
and maintain the registry.
(e) A protective order retained under section 5 of this chapter may
be entered in the registry.
(f) The division of state court administration shall make the
protective order registry established by this section available so that
county case management systems may interface with the protective
order registry by not later than December 31, 2009.
(g) The division of state court administration shall submit
information concerning a standard protocol for county case
management systems to interface with the protective order registry
to each:
(1) prosecuting attorney; and
(2) court.
As added by P.L.116-2009, SEC.5; P.L.130-2009, SEC.10. Amended
by P.L.1-2010, SEC.15.
IC 5-2-9-6 Version a
Copies of orders issued; confidential file; confidential form;
registry
Note: This version of section amended by P.L.116-2009, SEC.6.
See also following version of this section amended by P.L.130-2009,
SEC.11.
Sec. 6. (a) The clerk of a court that issues a protective order shall:
(1) provide a copy of the order to the petitioner; and
(2) provide a copy of the order and service of process to the
respondent or defendant in accordance with the rules of trial
procedure.
(b) The clerk of a court that issues a protective order or the clerk
of a court in which a petition is filed shall maintain a confidential file
to secure any confidential information about a protected person
designated on a uniform statewide form prescribed by the division of
state court administration.
(c) This subsection applies to a protective order that a sheriff or
law enforcement agency receives under subsection (a) before July 1,
2009, and a confidential form under subsection (b) that is not
retained in the registry. The sheriff or law enforcement agency shall:
(1) maintain a copy of the protective order in the depository
established under this chapter;
(2) enter:
(A) the date and time the sheriff or law enforcement agency
receives the protective order;
(B) the location of the person who is subject to the
protective order, if reasonably ascertainable from the
information received;
(C) the name and identification number of the officer who
serves the protective order;
(D) the manner in which the protective order is served;
(E) the name of the petitioner and any other protected
parties;
(F) the name, Social Security number, date of birth, and
physical description of the person who is the subject of the
protective order, if reasonably ascertainable from the
information received;
(G) the date the protective order expires;
(H) a caution indicator stating whether a person who is the
subject of the protective order is believed to be armed and
dangerous, if reasonably ascertainable from the information
received; and
(I) if furnished, a Brady record indicator stating whether a
person who is the subject of the protective order is
prohibited from purchasing or possessing a firearm or
ammunition under federal law, if reasonably ascertainable
from the information received;
on the copy of the protective order or the confidential form; and
(3) except for a protective order that is retained in the registry,
establish a confidential file in which a confidential form that
contains information concerning a protected person is kept.
(d) Except for a protective order that is retained in the registry, a
protective order may be removed from the depository established
under this chapter only if the sheriff or law enforcement agency that
administers the depository receives:
(1) a notice of termination on a form prescribed or approved by
the division of state court administration;
(2) an order of the court; or
(3) a notice of termination and an order of the court.
(e) If a protective order in a depository established under this
chapter is terminated, the person who obtained the order must file a
notice of termination on a form prescribed or approved by the
division of state court administration with the clerk of the court. The
clerk of the court shall:
(1) enter the notice of termination into; or
(2) provide a copy of the notice of termination to;
the registry and provide a copy of the notice of termination to each
of the depositories to which the protective order was sent. The clerk
of the court shall maintain the notice of termination in the court's file.
(f) If a protective order or form is extended or modified, the
person who obtained the extension or modification must file a notice
of extension or modification on a form prescribed or approved by the
division of state court administration with the clerk of the court.
Except for a protective order retained in the registry, the clerk of the
court shall provide a copy of the notice of extension or modification
of a protective order to each of the depositories to which the order
and a confidential form were sent. The clerk of the court shall
maintain the notice of extension or modification of a protective order
in the court's file.
(g) The clerk of a court that issued an order terminating a
protective order that is an ex parte order shall provide a copy of the
order to the following:
(1) Each party.
(2) Except for a protective order retained in the registry, the law
enforcement agency provided with a copy of a protective order
under subsection (a).
As added by P.L.23-1994, SEC.2. Amended by P.L.31-1996, SEC.3;
P.L.32-1996, SEC.3; P.L.280-2001, SEC.8; P.L.133-2002, SEC.5;
P.L.221-2003, SEC.2; P.L.52-2007, SEC.3; P.L.116-2009, SEC.6.
IC 5-2-9-6 Version b
Copies of orders issued; confidential file; confidential form;
depository
Note: This version of section amended by P.L.130-2009, SEC.11.
See also preceding version of this section amended by P.L.116-2009,
SEC.6.
Sec. 6. (a) The clerk of a court that issues a protective order shall:
(1) provide a copy of the order to the petitioner; and
(2) provide a copy of the order and service of process to the
respondent or defendant in accordance with the rules of trial
procedure.
(b) The clerk of a court that issues a protective order or the clerk
of a court in which a petition is filed shall maintain a confidential file
to secure any confidential information about a protected person
designated on a uniform statewide form prescribed by the division of
state court administration.
(c) This subsection applies to a protective order that a sheriff or
law enforcement agency received under subsection (a) before July 1,
2009, and a confidential form under subsection (b) that was not
created in the registry. The sheriff or law enforcement agency shall:
(1) maintain a copy of the protective order in the depository
established under this chapter;
(2) enter:
(A) the date and time the sheriff or law enforcement agency
receives the protective order;
(B) the location of the person who is subject to the
protective order, if reasonably ascertainable from the
information received;
(C) the name and identification number of the officer who
serves the protective order;
(D) the manner in which the protective order is served;
(E) the name of the petitioner and any other protected
parties;
(F) the name, Social Security number, date of birth, and
physical description of the person who is the subject of the
protective order, if reasonably ascertainable from the
information received;
(G) the date the protective order expires;
(H) a caution indicator stating whether a person who is the
subject of the protective order is believed to be armed and
dangerous, if reasonably ascertainable from the information
received; and
(I) if furnished, a Brady record indicator stating whether a
person who is the subject of the protective order is
prohibited from purchasing or possessing a firearm or
ammunition under federal law, if reasonably ascertainable
from the information received;
on the copy of the protective order or the confidential form; and
(3) except for a protective order that is created in the registry,
establish a confidential file in which a confidential form that
contains information concerning a protected person is kept.
(d) Except for a protective order that is created in the registry, a
protective order may be removed from the depository established
under this chapter only if the sheriff or law enforcement agency that
administers the depository receives:
(1) a notice of termination on a form prescribed or approved by
the division of state court administration;
(2) an order of the court; or
(3) a notice of termination and an order of the court.
(e) If a protective order in a depository established under this
chapter is terminated, the person who obtained the order must file a
notice of termination on a form prescribed or approved by the
division of state court administration with the clerk of the court. The
clerk of the court shall:
(1) enter the notice of termination into the registry; or
(2) provide a copy of the notice of termination of a protective
order;
to the registry and to each of the depositories to which the protective
order was sent. The clerk of the court shall maintain the notice of
termination in the court's file.
(f) If a protective order or form is extended or modified, the
person who obtained the extension or modification must file a notice
of extension or modification on a form prescribed or approved by the
division of state court administration with the clerk of the court.
Except for a protective order created in the registry, the clerk of the
court shall provide a copy of the notice of extension or modification
of a protective order to each of the depositories to which the order
and a confidential form were sent. The clerk of the court shall
maintain the notice of extension or modification of a protective order
in the court's file.
(g) The clerk of a court that issued an order terminating a
protective order that is an ex parte order shall provide a copy of the
order to the following:
(1) Each party.
(2) Except for a protective order created in the registry, the law
enforcement agency provided with a copy of a protective order
under subsection (a).
As added by P.L.23-1994, SEC.2. Amended by P.L.31-1996, SEC.3;
P.L.32-1996, SEC.3; P.L.280-2001, SEC.8; P.L.133-2002, SEC.5;
P.L.221-2003, SEC.2; P.L.52-2007, SEC.3; P.L.130-2009, SEC.11.
IC 5-2-9-6.3
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 5-2-9-6.5
Information placed in the registry; law enforcement agency duties
Sec. 6.5. (a) After a court issues a protective order and issues the
order to the registry, an IDACS coordinator may provide additional
information about the parties in the order, including:
(1) dates of birth;
(2) Social Security numbers;
(3) driver license numbers; and
(4) physical descriptions of the parties;
to ensure the accuracy of the orders in the registry and information
in IDACS.
(b) A law enforcement agency that perfects service of a protective
order issued to the registry shall enter into the registry:
(1) the date and time the law enforcement agency received the
protective order;
(2) the location of the person who is the subject of the
protective order, if this information is available;
(3) the name and identification number of the law enforcement
officer who served the protective order; and
(4) the manner in which the protective order was served.
As added by P.L.116-2009, SEC.7; P.L.130-2009, SEC.12. Amended
by P.L.1-2010, SEC.16.
IC 5-2-9-7
Confidentiality
Sec. 7. (a) Any information:
(1) in a uniform statewide confidential form or any part of a
confidential form prescribed by the division of state court
administration that must be filed with a protective order; or
(2) otherwise acquired concerning a protected person;
is confidential and may not be divulged to any respondent or
defendant.
(b) Information described in subsection (a) may only be used by:
(1) a court;
(2) a sheriff;
(3) another law enforcement agency;
(4) a prosecuting attorney; or
(5) a court clerk;
to comply with a law concerning the distribution of the information.
As added by P.L.23-1994, SEC.3. Amended by P.L.280-2001,
SEC.10; P.L.133-2002, SEC.6; P.L.52-2007, SEC.4; P.L.116-2009,
SEC.8; P.L.130-2009, SEC.13.
IC 5-2-9-8 Version a
Entry of information into IDACS
Note: This version of section amended by P.L.116-2009, SEC.9.
See also following version of this section amended by P.L.130-2009,
SEC.14.
Sec. 8. Except for a protective order that is retained in the
registry, a law enforcement agency that receives a copy of a
protective order shall enter the information received into the Indiana
data and communication system (IDACS) computer under
IC 10-13-3-35 upon receiving a copy of the order.
As added by P.L.31-1996, SEC.4 and P.L.32-1996, SEC.4. Amended
by P.L.280-2001, SEC.11; P.L.133-2002, SEC.7; P.L.97-2004,
SEC.18; P.L.52-2007, SEC.5; P.L.116-2009, SEC.9.
IC 5-2-9-8 Version b
Entry of information into IDACS
Note: This version of section amended by P.L.130-2009, SEC.14.
See also preceding version of this section amended by P.L.116-2009,
SEC.9.
Sec. 8. Except for a protective order that is created in the registry,
a law enforcement agency that receives a copy of a protective order
shall enter the information received into the Indiana data and
communication system (IDACS) computer under IC 10-13-3-35 upon
receiving a copy of the order.
As added by P.L.31-1996, SEC.4 and P.L.32-1996, SEC.4. Amended
by P.L.280-2001, SEC.11; P.L.133-2002, SEC.7; P.L.97-2004,
SEC.18; P.L.52-2007, SEC.5; P.L.130-2009, SEC.14.