Yes. Violating a valid Indiana protective order can lead to an invasion of privacy charge. A first conviction is generally a Class A misdemeanor. A later conviction may become a Level 6 felony, with possible jail or prison time.
What does an Indiana restraining order prohibit?
In Indiana, a “restraining order” is commonly called a protective order. A judge may issue one after reviewing a petition alleging threats, stalking, harassment, or domestic violence.
The written order controls what the restrained person may do. Most protective orders prohibit direct and indirect contact with the protected person.
Direct contact may include:
- Speaking to the protected person in public.
- Going to the person’s home or workplace.
- Driving past locations prohibited by the order.
- Approaching the person at school, church, or another gathering.
Indirect contact may include:
- Calling or sending text messages.
- Sending emails or social media messages.
- Following or requesting the person on social media.
- Sending gifts, letters, or other communications.
- Asking a friend or relative to deliver a message.
Using another person as a messenger can still violate the order. The communication does not become lawful because someone else delivers it.
Can the protected person give me permission to make contact?
The protected person generally cannot privately cancel or modify a court order.
Even when that person initiates contact, the restrained person remains subject to the judge’s written instructions. Responding to a message, answering a call, or agreeing to meet may create legal problems.
Only the court can formally change or dismiss the order. Do not rely on verbal permission, text messages, or assurances from the protected person.
What crime can I be charged with after a violation?
A knowing or intentional protective-order violation may be charged as invasion of privacy under Indiana Code section 35-46-1-15.1.
This statute makes certain prohibited contact a criminal offense. The original protective-order proceeding may be civil, but an alleged violation can produce a separate criminal case.
Police may investigate the allegation. A prosecutor may then file charges in the county where the violation allegedly occurred.
This can happen in Marion County, Hamilton County, Johnson County, Hendricks County, or elsewhere in Indiana.
What is the penalty for a first protective-order violation?
A first invasion of privacy conviction is generally a Class A misdemeanor.
Under Indiana Code section 35-50-3-2, a Class A misdemeanor carries:
- Up to one year in jail.
- A fine of up to $5,000.
Not every conviction results in the maximum sentence. A judge may consider the facts, criminal history, and circumstances surrounding the alleged contact.
Possible consequences may also include probation, court costs, no-contact conditions, and restrictions affecting employment or housing.
When does invasion of privacy become a felony?
A person with a qualifying prior invasion of privacy conviction may face a Level 6 felony charge.
Under Indiana Code section 35-50-2-7, a Level 6 felony can carry:
- Up to two and one-half years of incarceration.
- A fine of up to $10,000.
A felony conviction can create consequences beyond the criminal sentence. It may affect employment, professional licensing, housing, firearm rights, and future background checks.
Repeated contact can also make the allegations appear more deliberate. That may influence charging decisions, bond conditions, and sentencing arguments.
What happens if we have children together?
Shared children can make compliance more complicated. They do not, however, create an automatic exception to a protective order.
Parents may still need to address:
- Parenting-time schedules.
- Medical decisions.
- School information.
- Transportation and exchanges.
- Emergencies involving the child.
The court may authorize a limited communication method. This could involve a parenting application, attorney, family member, or other approved intermediary.
Some courts may also establish controlled exchange locations or specific communication boundaries.
Any exception should appear in a written court order. A parent should not create an informal arrangement that conflicts with existing restrictions.
What should I do if I encounter the person accidentally?
An unexpected encounter is different from deliberately approaching someone. What happens afterward may still matter.
Do not begin a conversation. Do not follow the person or remain nearby unnecessarily. Leave the location when doing so is safe and practical.
Preserve any information showing the encounter was accidental. This might include receipts, location records, witness names, or relevant messages.
Do not contact the protected person afterward to explain what happened. That explanation could become a separate alleged violation.
What should I do after being served with a protective order?
Read every page carefully. Pay particular attention to prohibited locations, communication restrictions, and firearm-related provisions.
You should also:
- Keep a copy of the order available.
- Avoid all prohibited direct contact.
- Do not use third parties to send messages.
- Preserve messages received from the protected person.
- Follow all instructions concerning shared children.
- Speak with an attorney before requesting changes.
- Attend every scheduled court hearing.
Do not assume that ignoring the civil case will make the order disappear. Missing a hearing may allow the court to proceed without your participation.
Can I challenge or modify the protective order?
Depending on the case, you may be able to request a hearing, oppose a final order, or seek a modification.
The correct procedure depends on the order’s status and the issuing court. It may also depend on whether a related divorce, custody, or criminal case exists.
Until a judge changes the order, follow it exactly. Filing a request does not suspend the existing restrictions.
What should I do if I am accused of violating the order?
Do not contact the protected person to resolve the accusation. Do not ask someone else to persuade that person to withdraw it.
Preserve relevant messages, call logs, videos, location information, and witness details. Avoid deleting material that may later become evidence.
If law enforcement asks questions, you may request an attorney and exercise your right to remain silent.
The Marc Lopez Law Firm represents people facing protective orders and invasion of privacy allegations throughout Indianapolis and Central Indiana. Contact the firm at 317-632-3642 to schedule a consultation about your circumstances. And remember—always Plead the Fifth.
