Sec. 3. (a) At any time after a court dismisses or denies an order for protection following issuance of an order for protection ex parte, as described in section 1(1) of this chapter, the subject of the protection order may petition to expunge protection order records:

(1) with the court that issued or denied the protection order; and

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Terms Used In Indiana Code 34-26-7.5-3

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) in the cause the protection order was issued under.

     (b) A petition seeking to expunge protection order records must be filed under seal, verified, and include the following information:

(1) The petitioner’s full name.

(2) The petitioner’s date of birth.

(3) The petitioner’s address.

(4) The case number or court cause number, if available.

(5) The petitioner’s Social Security number.

(6) The petitioner’s driver’s license number.

(7) The date of the order for protection or order for protection ex parte, if applicable.

(8) A description of why the petitioner is entitled to relief, including all relevant dates.

(9) Certified copies of the following, if applicable:

(A) The order for protection.

(B) The order for protection ex parte.

(C) The order denying an order for protection.

(D) The opinion from the appellate court reversing or vacating an order for protection or an order for protection ex parte.

     (c) The petition may include any other information that the petitioner believes may assist the court.

As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.5.

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