When a judge issues a restraining order, it immediately changes how you live your life. For some people, the order works as intended, space is created, and conflict is reduced. But for others, the order causes serious, unexpected problems. Maybe you share children with the protected person. Maybe circumstances have changed since the order was granted. Whatever the reason, you’re now in a position where the original terms don’t work anymore.
If that sounds familiar, you’re not alone. Many Hoosiers reach a point where they need to ask the court for a modification. And when restraining orders collide with real life, co-parenting, communication, or evolving relationships, the Marc Lopez Law Firm is here to help.
When Does It Make Sense to Request a Modification?
Courts don’t change restraining orders just because someone asks. You need a legitimate reason and a clear explanation of why the original order is no longer workable. Common situations include:
1. You Share Children With the Protected Person
This is the big one. A typical protective order says no contact of any kind, but co-parenting requires communication, school decisions, medical updates, pick-ups, drop-offs, schedule changes.
If you can’t speak to your child’s other parent, you can’t raise a child effectively. That’s when a modification becomes not only reasonable but necessary.
2. A Significant Change in Circumstances
Restraining orders typically last up to two years in Indiana. A lot can change during that time:
- The protected person may want to reopen communication.
- The relationship between the parties may have improved.
- Extended time apart may have resolved the original conflict.
If circumstances have meaningfully shifted, the law allows you to ask the judge to adjust the order.
3. Both Parties Agree to New Terms
When both sides want contact, the legal process becomes much easier. Your attorney can prepare an agreed entry, a written agreement asking the court to approve limited communication or updated boundaries without requiring a contested hearing.
Even when everyone is on the same page, the change is not official until the court signs off. That detail matters, because acting on a “private agreement” is one of the fastest ways people get themselves arrested.
How the Modification Process Actually Works
Changing a protective order isn’t as simple as two people agreeing things are different now. The court controls the order, so the court must approve any modification.
Step 1: Your Attorney Files the Proper Motion
This is not paperwork you want to guess your way through. The legal filings must explain:
- what part of the order needs to change,
- why the change is necessary, and
- why the modification keeps everyone safe and protected.
An experienced criminal defense attorney knows how to frame this argument so the judge actually considers your request.
Step 2: The Protected Person Must Be Notified
Even if you’re only asking for limited communication about the kids, the other party must be notified and given the opportunity to respond.
Step 3: The Court Decides Whether a Hearing Is Needed
If the protected person disagrees, or doesn’t join the request, the court will likely set a hearing. That’s where each side explains their position, and the judge decides whether the modification is appropriate.
Step 4: The Judge Issues a New, Updated Order
If the modification is approved, a new order is issued with the updated terms. Until that happens, the original order remains fully enforceable, no matter what the other person says.
Why You Cannot Ignore the Order, even if the Other Person Reaches Out
Here’s where many people get in trouble:
If the protected person contacts you, texts you, shows up at your door, asks to talk, the restraining order is still in effect unless a judge has modified it.
If you respond, even politely, even reluctantly, you risk being charged with invasion of privacy, a Class A misdemeanor in Indiana. That charge carries:
- up to one year in jail, and
- up to a $5,000 fine.
And yes, people are charged even when the protected person initiated the contact. The law does not care who spoke first. It only cares whether the order was violated.
A modification is the only safe, legal path forward.
Why You Need a Criminal Defense Attorney for This Process
Modifying a restraining order isn’t a fill-in-the-blank exercise. Your future depends on:
- the accuracy of your filings,
- the strength of your argument, and
- avoiding any technical violations in the meantime.
The Marc Lopez Law Firm handles these situations every day. We know how to present your request in a way judges understand and respect. We also make sure you don’t accidentally expose yourself to new criminal charges while trying to fix the problem.
You deserve a plan that protects your rights and keeps you out of trouble.
If Your Life Has Outgrown Your Restraining Order, We Can Help
Living under a restraining order you can’t realistically follow isn’t sustainable, and it’s dangerous. One wrong move can turn an already stressful situation into criminal charges.
If your situation has changed and you need the court to modify your restraining order, call the Marc Lopez Law Firm at 317-632-3642. Our team is ready to help you move forward safely and legally.
Remember, always plead the Fifth.
