Monday, September 30, 2019

An addition to Trial Rule 86 paves the way for e-filing protection orders and workplace violence restraining orders.


Many of you have inquired about why Protection Orders cannot be e-filed.

The answer is complex and has to do with a federal regulation that prohibits posting some parts of protective order cases on the Internet. That rule creates some conflict with the Indiana rule that Protection Orders are public. In addition, Protection Orders are often filed pro se by the protected person on their own, or with the assistance of an advocate who is not an attorney, so there is a good reason to set up a guided filing process for cases of these types.

The State Court has now come up with a solution in the form of an e-filing portal that is only used for protection orders and workplace violence restraining orders. The new e-filing portal for protection orders will be available statewide on October 1, 2019. This portal is located at https://public.courts.in.gov/porefsp

In preparation for e-filing, the court has also recently added Trial Rule 86(Q) which covers filing and service for these cases. This rule becomes effective on October 1, 2019:

(Q) Protection Order Cases, Workplace Violence Restraining Order Cases, and Child Protection Orders: Issuance of Summons and Service of Petition and Ex Parte Order or Equivalent Proceeding.
(1) The Protection Order Registry E-Filing Service Provider (POR EFSP) is the only provider for e-filing of all initial complaints or equivalent subsequent pleadings and all subsequent filings for civil protection orders and workplace violence restraining orders (PO case types) and for requests for child protection orders (JQ case types).
(2) Where service of process is required by Trial Rule 4.1 through 4.16, for any document filed in or issued by the Court in a civil protection order or workplace violence restraining order case (PO case types) and in a child protection order case (JQ case type), that service must be accomplished by the Clerk, a Sheriff, court official, or other person appointed by a Court to complete service of process.

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