Citations Affected: IC 5-2; IC 31-9; IC 31-14; IC 31-15; IC 34-6; IC 34-26; IC 35-33;
IC 35-38; IC 35-41; IC 35-42.
Synopsis: Protective orders. Conference committee report for ESB 479. Requires the clerk of
a court that issues a workplace violence restraining order to provide a copy of the order and the
confidential sheet to the employer. Specifies that a workplace violence restraining order may
not be issued if the dispute is related to a strike or labor dispute. Requires the division of state
court administration to develop and adopt forms for no contact orders and workplace violence
restraining orders. Amends the definitions of employee and employer. Requires certain language
to appear on a protective order, no contact order, and workplace violence restraining order.
Provides that a parent in a paternity or divorce proceeding may request a protective order
against the other parent from the court in which the paternity or divorce matter is pending.
Provides that a court may issue certain types of relief in a protective order before a hearing.
Provides that a court may consider the violation of a no contact order or a workplace violence
restraining order in determining the sentence to impose for a crime. Provides that a law
enforcement officer may arrest a person when the officer has probable cause that the person
interfered or prevented the reporting of a crime. Provides that under the domestic battery statute,
a court shall review certain factors when considering if someone is living as a spouse of another
individual. Makes technical corrections. (This conference committee report removes
language that prohibits requiring sex crime victims to submit to a polygraph examination
and adds language that under the domestic battery statute, a court shall review certain
factors when considering if someone is living as a spouse of another individual.)
Effective: July 1, 2003.
Your Conference Committee appointed to confer with a like committee from the House upon Engrossed House Amendments to Engrossed Senate Bill No. 479 respectfully reports that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and
that the Senate now concur in all House amendments to the bill and that
the bill be further amended as follows:
(5) whether the two (2) individuals have engaged in tasks directed toward maintaining a common household; and
(6) other factors the court considers relevant.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 479 as reprinted April 9, 2003.)
Senator ClarkRepresentative Lawson L
Senator SimpsonRepresentative Becker
Senate Conferees House Conferees