Fayette County Local Rules: TEMPORARY RESTRAINING ORDERS

Used to be that we would routinely file restraining orders and then the General Assembly passed the Indiana Civil Protection Act.  That statute divides personal issues from property issues.  For issues of personal safety, we have to use a protective order.

Property issues still require a restraining order.  I freely admit that it has been a very long since I have seen anyone request a temporary restraining order.  Maybe people behave better now, perhaps the parties do not have property of such value that they feel the need for a restraining order.  Protective orders are still too common.

Perhaps my interest in noting this Fayette County local rule comes from a sense of nostalgia but there are some interesting points.  Most of the rule incorporates Indiana Trial Rule 65:

(E) Temporary Restraining Orders - Domestic Relations Cases. Parties wishing protection from domestic or family violence in Domestic Relations cases shall petition the court pursuant to IC 34-26-5.  Subject to the provisions set forth in this paragraph, in an action for dissolution of marriage, separation, or child support, the court may issue a Temporary Restraining Order, without hearing or security, if either party files a verified petition alleging an injury would result to the moving party if no immediate order were issued.

(1)     Joint Order. If the court finds that an order shall be entered under this paragraph, the court may enjoin both parties from:

(a)     transferring, encumbering, concealing, selling or otherwise disposing of any joint property of the parties or asset of the marriage except in the usual course of business or for the necessities of life, without the written consent of the parties or the permission of the court; and/or

(b)     removing any child of the parties then residing in the State of Indiana from the State with the intent to deprive the court of jurisdiction over such child without the prior written consent of all parties or the permission of the court.

(2)     Separate Order Required. In the event a party seeks to enjoin by a temporary restraining order the non-moving party from abusing, harassing, or disturbing the peace of the petitioning party or any child or step-child of the parties, or exclude the non-moving party from the family dwelling, the dwelling of the non-moving party, or any other place, and the court determines that an order shall be issued, such order shall be addressed to one person. A joint or mutual restraining order shall not be issued. If both parties allege injury, they shall do so by separate petitions. The trial court shall review each petition separately and grant or deny each petition on its individual merits. In the event the trial court finds cause to grant both petitions, it shall do so by separate orders.

(3)     Effect of Order. An order entered under this paragraph is automatically effective upon service. Such orders are enforceable by all remedies provided by law including contempt. Once issued, such orders remain in effect until the entry of a decree or final order or until modified or dissolved by the court

And for the Fayette County Rule:

LR21-FL00-FL-8

TEMPORARY RESTRAINING ORDERS

Subject to the provisions of Ind. Trial Rule 65, in an action for dissolution of marriage, legal separation or child support, the Court may issue a Temporary Restraining Order, without hearing or security, if either party files a verified petition alleging an injury would result to the moving party if no immediate order were issued.

If the Court finds that an order shall be entered, the Court may enjoin both parties from:  Transferring, encumbering, concealing, selling or otherwise disposing of any joint property of the parties or asset of the marriage without the written consent of the parties or the permission of the Court;  Removing any child of the parties then residing in the State of Indiana from the State of Indiana from the State with the intent to deprive the Court of jurisdiction over such child without the prior written consent of all parties or the permission of the Court.

In the event a party seeks to enjoin the non-moving party from abusing, harassing, disturbing the peace, committing a battery on the moving party or any child or step­child of the parties, or exclude the non-moving party from the marital residence, and the Court determines that an order shall be issued, such order shall be addressed to one person only. A joint or mutual restraining or protective order shall not be issued. If both parties allege injury, they shall do so by separate petitions. The Court shall review each petition separately and grant or deny each petition on its individual merits. In the event the Court finds cause to grant both petitions, it shall do so by separate orders. The moving party shall provide the Court the following information concerning the non-moving party:  Name; Age; Date of Birth; Race; Sex; Height; Weight;  Scars, tattoos or other identifiable characteristics; Home Address: Telephone No. Work Address: Work Telephone No; and. Work Hours.

 I just do not see where the Local Rule adds to the general state rule.