Invasion of Privacy Laws in Indiana
Understanding invasion of privacy laws, particularly in cases involving domestic violence and harassment, is crucial. With crimes of domestic violence, the court will often issue a no-contact order as a condition of pretrial release. Additionally, if you have been charged with committing a crime of violence that resulted in bodily injury, the court will also issue a no-contact order. But what is invasion of privacy and where does it fit? At its most basic, invasion of privacy involves knowingly or intentionally violating a no-contact order, a restraining order, or a protective order. These orders are often issued by the court as a measure to protect alleged victims from further harm, particularly in cases involving domestic violence or harassment.
Whenever a person violates a no-contact order, additional criminal charges can be brought. These are charged as invasion of privacy under Indiana Code § 35-46-1-15.1. Invasion of privacy charges start as a Class A misdemeanor, but can escalate into felony charges. We will cover the Indiana Code, breaking down the section piece by piece, go through the potential consequences in detail, and highlight the need for an attorney if you or someone you know is facing charges for invasion of privacy.
“Communication is awesome. Best lawyers hands down. Recommend highly.” – Preston
Indiana Code § 35-46-1-15.1
Under this section of the Indiana Code, the possible circumstances that could lead to invasion of privacy charges are listed. The listed possibilities include orders issued in both criminal and civil matters. Below we will go through each and separate them. Although domestic violence can arise during civil matters, at the Marc Lopez Law Firm, our defense attorneys focus on criminal charges, such as when a person has been accused of committing a crime of domestic violence. In these instances, a charge for invasion of privacy could potentially enhance an individual’s criminal sentence.
Violation of a no-contact order issued in criminal cases
With domestic violence cases, more often than not, the court will automatically issue a no-contact order against the alleged offender in the case. When this is the case, any violation of the no-contact order can result in additional criminal charges under invasion of privacy. Indiana Code § 35-46-1-15.1(a)(5)-(6), (9)-(12), lists the following sub-sections which apply to these circumstances:
(a) A person who knowingly or intentionally violates:
(5) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;
(6) a no contact order issued as a condition of probation;
(9) an order issued in another state that is substantially similar to an order described in subdivisions (1) through (8);
(10) an order that is substantially similar to an order described in subdivisions (1) through (8) and is issued by an Indian:
(A) tribe;
(B) band;
(C) pueblo;
(D) nation; or
(E) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;
(11) an order issued under IC 35-33-8-3.2; or
(12) an order issued under IC 35-38-1-30;
Under (11), this is applicable if an order was issued during pretrial risk assessment. Sub-section (12) is applicable if you were issued an order to refrain from contact as a condition of your sentencing.
“We’ve used this law firm twice now for my family. They’re quick to reply to any questions you have and will do everything they can for you and your family!”
– Jean
Violations in Civil Cases
In civil cases, protective orders and restraining orders may be put in place. If you or someone you know has had one of these orders put against you, any violation can result in criminal charges. Although the main case may be handled in civil court, criminal charges are seperate. When this is the case, a violation of one of these orders can result in additional criminal charges under invasion of privacy. Indiana Code § 35-46-1-15.1(a)(1)-(4), (7)-(10), lists the following sub-sections which apply in these circumstances:
(a) A person who knowingly or intentionally violates:
(1) a protective order to prevent domestic or family violence or harassment issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);
(2) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);
(3) a workplace violence restraining order issued under IC 34-26-6;
(4) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;
(7) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);
(8) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;
(9) an order issued in another state that is substantially similar to an order described in subdivisions (1) through (8);
(10) an order that is substantially similar to an order described in subdivisions (1) through (8) and is issued by an Indian:
(F) tribe;
(G) band;
(H) pueblo;
(I) nation; or
(J) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;
Potential Consequences
In Indiana, invasion of privacy is typically classified as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. However, individuals with prior convictions for invasion of privacy or stalking may face a Level 6 felony charge. A Level 6 felony conviction carries the possibility of six months to two and a half years in jail, and a fine of up to $10,000. In Indiana, the court retains the ability to choose to convict those eligible for Level 6 felony conviction under a Class A misdemeanor charge. Because of this, seeking and hiring legal representation cannot be understated. The Indiana criminal defense attorneys at the Marc Lopez Law Firm will advocate on your behalf.
“Great firm. Every person there was helping and understanding. Communication was on point as well. I would recommend these guys to anyone. I can’t thank them enough for the work they did.”
– Tony
Connect with Confidence, Make the Right Call
If you or someone you know is facing an invasion of privacy charge or are concerned that you may be facing charges in Indiana, it is crucial to seek legal representation. The Marc Lopez Law Firm is dedicated to defending your rights and providing legal guidance tailored to your situation. Our criminal defense attorneys have helped numerous clients facing invasion of privacy charges in a variety of situations. Do not let a crime of domestic violence define your future, let the attorneys at the Marc Lopez Law Firm provide you the strongest defense possible. Call us today at 317-632-3642 and remember—always plead the 5th!
Invasion of Privacy Laws in Indiana
Understanding invasion of privacy laws, particularly in cases involving domestic violence and harassment, is crucial. With crimes of domestic violence, the court will often issue a no-contact order as a condition of pretrial release. Additionally, if you have been charged with committing a crime of violence that resulted in bodily injury, the court will also issue a no-contact order. But what is invasion of privacy and where does it fit? At its most basic, invasion of privacy involves knowingly or intentionally violating a no-contact order, a restraining order, or a protective order. These orders are often issued by the court as a measure to protect alleged victims from further harm, particularly in cases involving domestic violence or harassment.
Whenever a person violates a no-contact order, additional criminal charges can be brought. These are charged as invasion of privacy under Indiana Code § 35-46-1-15.1. Invasion of privacy charges start as a Class A misdemeanor, but can escalate into felony charges. We will cover the Indiana Code, breaking down the section piece by piece, go through the potential consequences in detail, and highlight the need for an attorney if you or someone you know is facing charges for invasion of privacy.
“Communication is awesome. Best lawyers hands down. Recommend highly.”
– Preston
Indiana Code § 35-46-1-15.1
Under this section of the Indiana Code, the possible circumstances that could lead to invasion of privacy charges are listed. The listed possibilities include orders issued in both criminal and civil matters. Below we will go through each and separate them. Although domestic violence can arise during civil matters, at the Marc Lopez Law Firm, our defense attorneys focus on criminal charges, such as when a person has been accused of committing a crime of domestic violence. In these instances, a charge for invasion of privacy could potentially enhance an individual’s criminal sentence.
Violation of a no-contact order issued in criminal cases
With domestic violence cases, more often than not, the court will automatically issue a no-contact order against the alleged offender in the case. When this is the case, any violation of the no-contact order can result in additional criminal charges under invasion of privacy. Indiana Code § 35-46-1-15.1(a)(5)-(6), (9)-(12), lists the following sub-sections which apply to these circumstances:
(a) A person who knowingly or intentionally violates:
(5) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;
(6) a no contact order issued as a condition of probation;
(9) an order issued in another state that is substantially similar to an order described in subdivisions (1) through (8);
(10) an order that is substantially similar to an order described in subdivisions (1) through (8) and is issued by an Indian:
(A) tribe;
(B) band;
(C) pueblo;
(D) nation; or
(E) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;
(11) an order issued under IC 35-33-8-3.2; or
(12) an order issued under IC 35-38-1-30;
Under (11), this is applicable if an order was issued during pretrial risk assessment. Sub-section (12) is applicable if you were issued an order to refrain from contact as a condition of your sentencing.
“We’ve used this law firm twice now for my family. They’re quick to reply to any questions you have and will do everything they can for you and your family!”
– Jean
Violations in Civil Cases
In civil cases, protective orders and restraining orders may be put in place. If you or someone you know has had one of these orders put against you, any violation can result in criminal charges. Although the main case may be handled in civil court, criminal charges are seperate. When this is the case, a violation of one of these orders can result in additional criminal charges under invasion of privacy. Indiana Code § 35-46-1-15.1(a)(1)-(4), (7)-(10), lists the following sub-sections which apply in these circumstances:
(a) A person who knowingly or intentionally violates:
(1) a protective order to prevent domestic or family violence or harassment issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);
(2) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);
(3) a workplace violence restraining order issued under IC 34-26-6;
(4) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;
(7) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);
(8) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;
(9) an order issued in another state that is substantially similar to an order described in subdivisions (1) through (8);
(10) an order that is substantially similar to an order described in subdivisions (1) through (8) and is issued by an Indian:
(F) tribe;
(G) band;
(H) pueblo;
(I) nation; or
(J) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;
“Great firm. Every person there was helping and understanding. Communication was on point as well. I would recommend these guys to anyone. I can’t thank them enough for the work they did.”
– Tony
Connect with Confidence, Make the Right Call
If you or someone you know is facing an invasion of privacy charge or are concerned that you may be facing charges in Indiana, it is crucial to seek legal representation. The Marc Lopez Law Firm is dedicated to defending your rights and providing legal guidance tailored to your situation. Our criminal defense attorneys have helped numerous clients facing invasion of privacy charges in a variety of situations. Do not let a crime of domestic violence define your future, let the attorneys at the Marc Lopez Law Firm provide you the strongest defense possible. Call us today at 317-632-3642 and remember—always plead the 5th!