Sec. 3. As a part of a motion for temporary maintenance, for support or custody of a child, or for possession of property under section 1 of this chapter or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order:

(1) restraining any person from transferring, encumbering, concealing, or in any way disposing of any property, except in the usual course of business or for the necessities of life; or

Terms Used In Indiana Code 31-15-4-3

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(2) granting temporary possession of property to either party.

[Pre-1997 Recodification Citation: 31-1-11.5-7(b) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.29.

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