Indiana Code 34-26-6-7. Affidavit; irreparable harm
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Sec. 7. A plaintiff may obtain a temporary restraining order under section 6 of this chapter by filing a petition for an injunction if the plaintiff:
(2) demonstrates that great or irreparable harm has been suffered by the employee or will be suffered by the employee.
(1) files an affidavit that shows, to the satisfaction of the court, reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the defendant; and
Terms Used In Indiana Code 34-26-6-7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
As added by P.L.133-2002, SEC.57.