If you’re facing battery or related criminal charges, you may find yourself subject to a no contact order. This is not the time to throw caution to the wind. A no contact order has the force of law, and you should consult with an experienced Indiana criminal lawyer as soon as possible. The Marc Lopez Law Firm is here to help.
What Is a No Contact Order?
A no contact order is issued by a judge as a condition of bail—and possibly later as a condition of a criminal sentence or probation. This is an automatic consequence of being formally charged with committing a violent crime that results in bodily injury to a person. Bodily injury is defined in Indiana as any impairment of physical condition, including physical pain.
So if you’ve been charged with a crime that caused someone physical pain, and the judge is allowing you out of jail, one of the conditions of your pre-trial release will be that you have no contact with the alleged victim.
Under Indiana law, this order of no contact lasts for 10 days or until the initial hearing, whichever comes first. At the initial hearing, the judge can reinstate or modify the order. Realistically, in most scenarios, the no contact order is going to remain in place until the criminal case is resolved.
Consequences of Violating a No Contact Order
No contact means no contact. You’re forbidden from having direct contact—such as physically approaching the alleged victim—and you’re also prohibited from engaging in indirect contact. This would be reaching out to the alleged victim remotely, either through phone or text messages, social media, or even by using a third party to deliver communications on your behalf. This is not allowed.
There are a number of ways to earn an invasion of privacy charge, and they all involve the knowing or intentional violation of a court order. This includes, but is not limited to:
- a protective order to prevent domestic or family violence or harassment;
- an ex parte protective order;
- a workplace violence restraining order;
- a no contact order in a dispositional decree or an order to refrain from contact with a child in need of services or a delinquent child;
- a no contact order issued as a condition of pretrial release, including release on bail, personal recognizance, or pretrial diversion;
- a no contact order issued as a condition of probation; or
- a protective order to prevent domestic or family violence.
If you violate a no contact order, you’re breaking the law and opening yourself up to additional criminal charges. Invasion of privacy starts as a Class A misdemeanor, which carries a maximum penalty of 365 days in jail and a $5,000 fine. The charge can be elevated to a Level 6 felony, however, if you have a prior unrelated conviction for invasion of privacy or stalking. A Level 6 felony carries a maximum penalty of two and a half years in prison and a $10,000 fine.
Getting the Help You Need
If you’re the subject of a no contact order, it’s important to avoid missteps that can make things worse. You need to consult with an experienced Indiana criminal lawyer as soon as possible.
Getting a no contact order lifted can be tricky. Unless your case is dismissed or you serve your entire sentence, the only way to lift a no contact order is for the protected person to testify under oath that they want the no contact order lifted and for the judge to agree to it.
Don’t Delay, Reach Out Today
If you or someone you know is facing a no contact order or invasion of privacy charges, seeking legal counsel should be your number one goal. Understanding the implications and potential consequences of a no contact order is crucial if you want to achieve a favorable outcome.
The attorneys at the Marc Lopez Law Firm understand the complexities surrounding no contact orders, invasion of privacy, and how to safeguard your legal rights. If you have any questions or concerns regarding criminal charges, we’re here to help. Give us a call at 317-632-3642 and remember—always plead the 5th!
