Ind. Code § 34-26-6-8

Current through P.L. 171-2024

Section 34-26-6-8 - Hearing; responsive pleading; burden of proof

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.

IC 34-26-6-8

As added by P.L. 133-2002, SEC.57.