Indiana Code 32-30-7-21. Burden of proof; judgment for perpetual enjoinment
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Sec. 21. If at the permanent injunction hearing the plaintiff proves by a preponderance of the evidence that the indecent nuisance exists as alleged in the complaint, the court shall enter a judgment that perpetually enjoins:
(2) the defendant from maintaining an indecent nuisance elsewhere.
(1) the defendant and any other person from further maintaining the indecent nuisance at the place described in the complaint; and
Terms Used In Indiana Code 32-30-7-21
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- indecent nuisance: means a:
Indiana Code 32-30-7-1
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- person: has the meaning set forth in Indiana Code 32-30-7-2
- place: includes any part of a building or structure or the ground. See Indiana Code 32-30-7-3
- Plaintiff: The person who files the complaint in a civil lawsuit.
[Pre-2002 Recodification Citation: 34-19-2-16.]
As added by P.L.2-2002, SEC.15.