Sec. 3. After reviewing the complaint, affidavits, and other evidence or testimony, the court may issue an order for possession before the hearing if probable cause appears that:

(1) the property is in immediate danger of destruction, serious harm, or sale to an innocent purchaser; or

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Terms Used In Indiana Code 32-30-3-3

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) the holder of the property threatens to destroy, harm, or sell the property to an innocent purchaser.

[Pre-2002 Recodification Citation: 32-6-1.5-3.]

As added by P.L.2-2002, SEC.15.