Indiana Code 34-26-6-8. Hearing; responsive pleading; burden of proof
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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:
(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.
(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.
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.