Harassment and orders for protection

H.E.A. 1607, P.L. 266
Effective: July 1, 2019

  • Adds Ind. Code § 34-6-2-51.5 to define harassment for protection orders under Ind. Code § 34-26-5 which includes, but is not limited to, repeated or continuing impermissible contact: (1) that would cause a reasonable person to suffer emotional distress; and (2) that actually causes the victim to suffer emotional distress.
  • Amends Ind. Code § 34-26-5-6 to provide a person may file a petition for an order for protection against a person who commits repeated acts of harassment.
    • Ex Parte harassment protection orders are not permitted.
    • Harassment protection orders require a hearing within 30 days after the petition for an order for protection or the petition to modify an order for protection is filed.
    • Permits the respondent and petitioner to occupy the same location for any purpose that the court determines is legitimate or necessary.
  • Amends Ind. Code § 35-45-10-3 to define “impermissible contact” as:
    • Following or pursuing the victim.
    • Communicating with the victim in person, in writing, by telephone, by telegraph, or through electronic means.
    • Posting on social medial, if the post is directed to the victim; or refers to the victim, directly or indirectly.

Read the bill at: http://iga.in.gov/legislative/2019/bills/house/1607