Duties of Court Upon Receipt of Petition to Expunge Protection Order

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Sec. 4. (a) Unless the petition is incomplete, or the petition conclusively indicates that the petitioner is not entitled to relief, the court shall:

(1) redact the petitioner's:

(A) date of birth;

(B) Social Security number; and

(C) driver's license number;

from the petition;

(2) serve a copy of the redacted petition under subdivision (1) on the plaintiff who originally sought the protection order; and

(3) set the matter for hearing.

The plaintiff who originally sought the protection order is entitled to appear at the hearing.

(b) If:

(1) the plaintiff who originally sought the protection order waives in writing the right to appear at the hearing; and

(2) the petition conclusively indicates that the petitioner is entitled to relief;

the court may issue an order to expunge a protection order without holding a hearing.

(c) The grant or denial of a petition for expungement is a final appealable order.

As added by P.L.219-2019, SEC.2.


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