HB 1286

           Second Regular Session of the 124th General Assembly (2026)
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    HOUSE ENROLLED ACT No. 1286
    AN ACT to amend the Indiana Code concerning civil procedure.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 34-26-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. At a hearing to
obtain an order for protection, each party has a continuing duty to
inform the court of:
      (1) each separate proceeding for an order for protection;
      (2) any civil litigation;
      (3) each proceeding in a family, domestic relations, or juvenile
      court; and
      (4) each criminal case; and
      (5) any military protective order issued by a military
      commander in effect under 10 U.S.C. 1567;
involving a party or a child of a party. The information provided under
this section must include the case name, the case number, and the
county and state in which the proceeding is held, if that information is
known by the party.
   SECTION 2. IC 34-26-5-9, AS AMENDED BY P.L.9-2024,
SECTION 527, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 9. (a) If it appears from a petition
for an order for protection or from a petition to modify an order for
protection that domestic or family violence has occurred or that a
modification of an order for protection is required, a court may:
      (1) without notice or hearing, immediately issue an order for
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      protection ex parte or modify an order for protection ex parte; or
      (2) upon notice and after a hearing, whether or not a respondent
      appears, issue or modify an order for protection.
If the petitioner presents evidence that a military protective order
is in effect for the protection of the petitioner against the
respondent, the court may consider this evidence.
    (b) If it appears from a petition for an order for protection or from
a petition to modify an order for protection that harassment has
occurred, a court:
      (1) may not, without notice and a hearing, issue an order for
      protection ex parte or modify an order for protection ex parte; but
      (2) may, upon notice and after a hearing, whether or not a
      respondent appears, issue or modify an order for protection.
A court must hold a hearing under this subsection not later than thirty
(30) days after the petition for an order for protection or the petition to
modify an order for protection is filed.
    (c) A court may grant the following relief without notice and
hearing in an ex parte order for protection or in an ex parte order for
protection modification under subsection (a):
      (1) Enjoin a respondent from threatening to commit or
      committing acts of domestic or family violence against a
      petitioner and each designated family or household member.
      (2) Prohibit a respondent from harassing, annoying, telephoning,
      contacting, or directly or indirectly communicating with a
      petitioner.
      (3) Prohibit a respondent from using a tracking device (as defined
      by IC 35-31.5-2-337.6) to determine the location of:
          (A) the petitioner or property owned or used by the petitioner;
          and
          (B) any other family or household member or property owned
          or used by the family or household member.
      (4) Remove and exclude a respondent from the residence of a
      petitioner, regardless of ownership of the residence.
      (5) Order a respondent to stay away from the residence, school, or
      place of employment of a petitioner or a specified place
      frequented by a petitioner and each designated family or
      household member.
      (6) Order that a petitioner has the exclusive possession, care,
      custody, or control of any animal owned, possessed, kept, or cared
      for by the petitioner, respondent, minor child of either the
      petitioner or respondent, or any other family or household
      member.
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    (7) Prohibit a respondent from removing, transferring, injuring,
    concealing, harming, attacking, mistreating, threatening to harm,
    or otherwise disposing of an animal described in subdivision (6).
    (8) Order possession and use of the residence, an automobile, and
    other essential personal effects, regardless of the ownership of the
    residence, automobile, and essential personal effects. If
    possession is ordered under this subdivision or subdivision (6),
    the court may direct a law enforcement officer to accompany a
    petitioner to the residence of the parties to:
        (A) ensure that a petitioner is safely restored to possession of
        the residence, automobile, animal, and other essential personal
        effects; or
        (B) supervise a petitioner's or respondent's removal of personal
        belongings and animal.
    (9) Order other relief necessary to provide for the safety and
    welfare of a petitioner and each designated family or household
    member.
  (d) A court may grant the following relief after notice and a hearing,
whether or not a respondent appears, in an order for protection or in a
modification of an order for protection:
    (1) Grant the relief under subsection (c).
    (2) Specify arrangements for parenting time of a minor child by
    a respondent and:
        (A) require supervision by a third party; or
        (B) deny parenting time;
    if necessary to protect the safety of a petitioner or child.
    (3) Order a respondent to:
        (A) pay attorney's fees;
        (B) pay rent or make payment on a mortgage on a petitioner's
        residence;
        (C) if the respondent is found to have a duty of support, pay
        for the support of a petitioner and each minor child;
        (D) reimburse a petitioner or other person for expenses related
        to the domestic or family violence or harassment, including:
          (i) medical expenses;
          (ii) counseling;
          (iii) shelter; and
          (iv) repair or replacement of damaged property;
        (E) pay the costs and expenses incurred in connection with the
        use of a GPS tracking device under subsection (k); or
        (F) pay the costs and fees incurred by a petitioner in bringing
        the action.
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       (4) Prohibit a respondent from using or possessing a firearm,
       ammunition, or a deadly weapon specified by the court, and direct
       the respondent to surrender to a specified law enforcement agency
       the firearm, ammunition, or deadly weapon for the duration of the
       order for protection unless another date is ordered by the court.
       (5) Permit the respondent and petitioner to occupy the same
       location for any purpose that the court determines is legitimate or
       necessary. The court may impose terms and conditions upon a
       respondent when granting permission under this subdivision.
An order issued under subdivision (4) does not apply to a person who
is exempt under 18 U.S.C. 925.
    (e) The court shall:
       (1) cause the order for protection to be delivered to the county
       sheriff for service;
       (2) make reasonable efforts to ensure that the order for protection
       is understood by a petitioner and a respondent if present;
       (3) electronically notify each law enforcement agency:
           (A) required to receive notification under IC 5-2-9-6; or
           (B) designated by the petitioner;
       (4) transmit a copy of the order to the clerk for processing under
       IC 5-2-9;
       (5) indicate in the order if the order and the parties meet the
       criteria under 18 U.S.C. 922(g)(8); and
       (6) require the clerk of court to enter or provide a copy of the
       order to the Indiana protective order registry established by
       IC 5-2-9-5.5.
    (f) Except as provided in subsection (g), an order for protection
issued ex parte or upon notice and a hearing, or a modification of an
order for protection issued ex parte or upon notice and a hearing, is
effective for two (2) years after the date of issuance unless another date
is ordered by the court. The sheriff of each county shall provide
expedited service for an order for protection.
    (g) This subsection applies to an order for protection issued ex parte
or upon notice and a hearing, or to a modification of an order for
protection issued ex parte or upon notice and a hearing, if:
       (1) the respondent named in the order is a sex or violent offender
       (as defined in IC 11-8-8-5) and is required to register as a lifetime
       sex or violent offender under IC 11-8-8-19; and
       (2) the petitioner was the victim of the crime that resulted in the
       requirement that the respondent register as a lifetime sex or
       violent offender under IC 11-8-8-19.
An order for protection to which this subsection applies is effective
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indefinitely after the date of issuance unless another date is ordered by
the court. The sheriff of each county shall provide expedited service for
an order for protection.
    (h) A finding that domestic or family violence or harassment has
occurred sufficient to justify the issuance of an order under this section
means that a respondent represents a credible threat to the safety of a
petitioner or a member of a petitioner's household. Upon a showing of
domestic or family violence or harassment by a preponderance of the
evidence, the court shall grant relief necessary to bring about a
cessation of the violence or the threat of violence. The relief may
include an order directing a respondent to surrender to a law
enforcement officer or agency all firearms, ammunition, and deadly
weapons:
       (1) in the control, ownership, or possession of a respondent; or
       (2) in the control or possession of another person on behalf of a
       respondent;
for the duration of the order for protection unless another date is
ordered by the court.
    (i) An order for custody, parenting time, or possession or control of
property issued under this chapter is superseded by an order issued
from a court exercising dissolution, legal separation, paternity, or
guardianship jurisdiction over the parties.
    (j) The fact that an order for protection is issued under this chapter
does not raise an inference or presumption in a subsequent case or
hearings between the parties.
    (k) Upon a finding of a violation of an order for protection, the court
may:
       (1) require a respondent to wear a GPS tracking device; and
       (2) prohibit the respondent from approaching or entering certain
       locations where the petitioner may be found.
If the court requires a respondent to wear a GPS tracking device under
subdivision (1), the court shall, if available, require the respondent to
wear a GPS tracking device with victim notification capabilities.
    (l) The court may permit a victim, a petitioner, another person, an
organization, or an agency to pay the costs and expenses incurred in
connection with the use of a GPS tracking device under subsection (k).
    SECTION 3. IC 34-26-5-17, AS AMENDED BY P.L.161-2018,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 17. (a) A foreign protection order
is facially valid if it:
       (1) identifies the protected person and the respondent;
       (2) is currently in effect;
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      (3) was issued by a state, Canadian, or tribal court with
      jurisdiction over the:
          (A) parties; and
          (B) subject matter;
      under the law of the issuing state, Canada, or the Indian tribe;
      and
      (4) was issued after a respondent was given reasonable notice and
      an opportunity to be heard sufficient to protect the respondent's
      right to due process. In the case of an ex parte order, notice and
      opportunity to be heard must be provided within the time required
      by state, Canadian, or tribal law and within a reasonable time
      after the order is issued sufficient to protect the respondent's due
      process rights.
    (b) A facially valid foreign protection order is prima facie evidence
of its validity. The protection order may be inscribed on a tangible
medium or stored in an electronic or other medium if it is retrievable
in perceivable form. Presentation of a certified copy of an order for
protection is not required for enforcement.
    (c) Except as provided in subsection (d), a protection order that is
facially valid and issued by a court of a state (issuing state), Canada,
or an Indian tribe shall be accorded full faith and credit by Indiana
courts.
    (d) A mutual foreign protection order is not entitled to full faith and
credit if the order is issued by a state, Canadian, or tribal court against
a person who has petitioned, filed a complaint, or otherwise filed a
written pleading for protection against a family or household member,
unless:
      (1) a separate petition or motion was filed by a respondent;
      (2) the issuing court has reviewed each motion separately and
      granted or denied each on its individual merits; and
      (3) separate orders were issued and the issuing court made
      specific findings that each party was entitled to an order.
    (e) Registration or filing of a foreign protection order is not a
prerequisite to enforcement of the order in Indiana, and a protection
order that is consistent with this section shall be accorded full faith and
credit notwithstanding a failure to register or file the order in Indiana.
However, if a petitioner wishes to register a foreign protection order in
Indiana, all Indiana courts of record shall accommodate the request.
The office of judicial administration shall develop a form to be used by
courts, clerks, and law enforcement agencies when a petitioner makes
a request to register a foreign protection order. Except for a protective
order issued to the Indiana protective order registry established by
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IC 5-2-9-5.5, the courts, clerks of the courts, and sheriffs or law
enforcement agencies maintaining depositories shall employ the same
procedures required under IC 5-2-9-6 for entering, modifying,
extending, or terminating a foreign protection order as those used for
a protection order and a no contact order originating in Indiana.
   (f) A facially valid foreign protection order shall be enforced by a
law enforcement officer and a state court as if it were an order
originating in Indiana. The order must be enforced if the foreign
protection order contains relief that the state courts lack the power to
provide in an order for protection issued in Indiana.
   (g) An Indiana law enforcement officer:
     (1) may not require notification, registration, or filing of a facially
     valid foreign order for protection as a prerequisite to enforcement
     of an order;
     (2) if a foreign protection order is not presented, may consider
     other information to determine under a totality of the
     circumstances whether there is probable cause to believe that a
     valid foreign order for protection exists; and
     (3) who determines that an otherwise valid foreign protection
     order cannot be enforced because a respondent has not been
     notified or served with the order, shall:
         (A) inform the respondent of the order;
         (B) serve the order on the respondent;
         (C) ensure that the order and service of the order are entered
         into the state depository;
         (D) allow the respondent a reasonable opportunity to comply
         with the order before enforcing the order; and
         (E) ensure the safety of the protected person while giving the
         respondent the opportunity to comply with the order.
   (h) After a foreign protective order is registered, the clerk shall enter
the order in the Indiana protective order registry established by
IC 5-2-9-5.5.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:  Time:
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