Sec. 8. 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

Terms Used In Indiana Code 34-26-6-8

  • credible threat of violence: means a knowing and willful statement or course of conduct that does not serve a legitimate purpose and that causes a reasonable person to fear for the person's safety or for the safety of the person's immediate family. See Indiana Code 34-26-6-2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • employee: means :

    Indiana Code 34-26-6-3

  • employer: means :

    Indiana Code 34-26-6-4

  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.

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

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