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Indiana Order to Show Cause (Workplace Violence) & Temporary Restraining Order

State:
Indiana
Control #:
IN-WV-0102
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PDF
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Order to Show Cause (Workplace Violence) & Temporary Restraining Order

Indiana Order to Show Cause (Workplace Violence) & Temporary Restraining Order are legal processes used to protect employees from workplace violence. An Indiana Order to Show Cause is a court order issued by a judge that requires an alleged perpetrator of workplace violence to appear in court to explain why their behavior should not be restrained. A Temporary Restraining Order is a court order that prohibits an alleged perpetrator from engaging in certain behaviors, such as coming within a certain distance of the victim or their place of employment. There are two types of Indiana Order to Show Cause (Workplace Violence) & Temporary Restraining Order: an Ex Parte Order and a Plenary Order. An Ex Parte Order is issued without the alleged perpetrator being present in court, and is most commonly used when there is an immediate risk of workplace violence. A Plenary Order requires the alleged perpetrator to appear in court to explain why their behavior should not be restrained.

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FAQ

A protective order could require the abuser not to contact the victim in any way, shape, or form. This includes by phone, text, email, mail, or in person. Contact through third parties, such as mutual friends, is also prohibited.

Prohibit the Respondent from harassing, annoying, telephoning, contacting, or directly or indirectly communicating with the Petitioner. Order the Respondent to stay away from the Petitioner's residence, school, employment and/or other specified places and each designated family or household member.

RESTRAINING ORDER. In Indiana, there is no such thing as a "restraining order." They are called Protective Orders in Indiana. If you have been harmed, have experienced abuse from a family member, household member, or romantic partner, or if you are the target of stalking, then you file for an Indiana Protective Order.

Indiana Orders of Protection (IC §34-6-2-121.6) A protective order is a civil injunction used to protect you from someone who has abused, stalked, or harassed you. You obtain a protective order by filing a petition in civil court where you live or where the offender lives.

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

contact order usually states that a criminal defendant, the person charged with the crime, is not to directly or indirectly contact or be within sight of the protected person and their residence.

No contact orders are issued by the court as a product of criminal proceedings, whereas an Indiana restraining order (legally referred to as a protection order) is an injunction issued by a civil court, at the request of the petitioner (victim).

More info

Show cause notice or letter means order issued for explanation on incident, misconduct, asking why action should not be taken. We detail how to respond to a show cause letter or a show cause notice and some of the risks and consequences involved for employees and employers.This toolkit provides information for employers on preparing for and responding to workplace violence incidents. Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. A notice to show cause may be used in a wide variety of situations, from court case proceedings to workplace disciplinary proceedings. A notice usually relates to serious misconduct or matters such as workplace bullying or underperformance. The letter is addressed to the specific employee and it should clearly indicate the details of the misconduct complained of. If you are a victim of violence, you can file a petition for a temporary protective order. Items 1 - 7 — 202. 8-d Orders to Show Cause.

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Indiana Order to Show Cause (Workplace Violence) & Temporary Restraining Order