Rule 108 Injunctive Relief

(a) How Obtained.

(1) A request for injunctive relief shall be in the form of a motion or a petition, or on the court’s own initiative, and may be obtained by:

(A) An ex parte restraining order;

(B) An injunction issued during the pendency of a matter; or

(C) An injunction issued as part of a dispositional order.

(2) Every request for injunctive relief shall state whether a previous application for the relief has been refused by any court.

(b) In General.

(1) Every ex parte restraining order or injunction shall be specific in terms and shall describe in reasonable detail the act restrained or enjoined.

(2) Every ex parte restraining order or injunction shall be indorsed with the date and hour of issuance, shall be signed by the judge or magistrate granting it, and shall be filed in the clerk’s office.

(3) Every ex parte restraining order or injunction shall be binding upon the parties to the action, their officers, agents and attorneys; and upon other persons in active concert or participation with them who receive actual notice of the ex parte restraining order or injunction by personal service or otherwise.

(c) Ex Parte Restraining Order.

(1) An ex parte restraining order shall only restrict the doing of an act.

(2) An ex parte restraining order may be issued by the judge of the court in which the matter is pending or is to be filed, or by any magistrate serving such court.

(3) An ex parte restraining order may be issued when the court finds: (1) that a child may abscond or be removed from the court’s jurisdiction; or (2) that there is a danger of immediate harm to a child such that a delay for a hearing would be likely to result in severe or irreparable harm.

(4) The standard of proof applicable in issuance of an ex parte restraining order shall be probable cause. The court may consider a motion, petition, sworn affidavit, sworn testimony or reliable hearsay.

(5) A copy of the ex parte restraining order shall be promptly served on each party by a person authorized to serve a summons. If an ex parte restraining order is issued at the commencement of an action, a copy shall be served with the summons.

(6) An ex parte restraining order becomes effective and binding on the party to be restrained at the time of service or when the party to be restrained is informed of the order, whichever is earlier.

(7) An ex parte restraining order shall expire by its terms and shall not exceed 15 days unless within such time period: (1) the court extends the order after affording the party to be restrained an opportunity to be heard, or (2) the party to be restrained consents to the extension. Any such extension of an ex parte restraining order shall be in the form of an injunction.

(8) If the request for an ex parte restraining order is brought against a parent of a child and the relief requested would interfere with the parent's constitutional right to have care and control of the child, the court shall proceed with a preliminary hearing within 72 hours of entry of the ex parte order, pursuant to Rule 302, rather than the 15 day timeframe prescribed above.

(d) Injunction.

(1) An injunction may restrict or mandatorily direct the doing of an act, either temporarily or permanently.

(2) Prior to the issuance of an injunction, the court shall afford the party to be enjoined notice, grounds therefore, and an opportunity to be heard.

(3) An injunction may be issued, modified or dissolved by the judge or magistrate of the court in which the matter is pending. The court shall only modify or dissolve an injunction when the court finds such to be consistent with the child’s best interests.

(4) During the pendency of a matter, the court may issue an injunction when the court finds that the conduct of the person to be enjoined is or may be detrimental or harmful to the child.

(5) As part of a dispositional order, the court may issue an injunction when the court finds that the conduct of the person to be enjoined is or may be detrimental or harmful to the child and would tend to defeat the execution of a dispositional order.

(6) The standard of proof applicable in issuance of injunctive relief shall be preponderance of the evidence. Evidence shall be admitted in accordance with the Rules of Evidence. In the court’s discretion, any evidence so admitted may be admissible in the underlying matter and need not be repeated if all parties participated in the hearing for injunctive relief.

(7) The court may issue an injunction upon such terms and conditions, and the injunction shall remain in force for such time, as the court determines to be consistent with the child’s best interests.

(e) Injunctive Relief Against Non-Party. The court may issue an ex parte restraining order, injunction, or no contact order against a person who is not a party to the dependent and neglected, delinquent, or unruly proceeding if that person’s conduct is or may be detrimental or harmful to the child. In such cases, the person to be restrained or enjoined shall be a party only to the petition or motion for injunctive relief. Neither the request for injunctive relief nor the order granting injunctive relief shall confer party status in the underlying case on the person to be enjoined.