Sec. 5. (a) If an application for an injunction has been filed under section 4 of this chapter (or IC 31-1-11.5-26 before its repeal), the court may grant, without notice, upon affidavit of the noncustodial parent, a temporary restraining order restraining the custodial parent from further violation of the parenting time order.

     (b) In the affidavit, the noncustodial parent must state under penalties for perjury that:

Terms Used In Indiana Code 31-17-4-5

  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
(1) the noncustodial parent has been granted parenting time rights with the child; and

(2) the noncustodial parent regularly pays the support ordered by a court for the child.

[Pre-1997 Recodification Citation: 31-1-11.5-26(c) part.]

As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.50.

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