If you or someone you know is facing criminal charges, especially domestic violence charges in Indiana, navigating specific legal terms, such as a “no-contact order,” becomes crucial. No-contact orders play a large role in safeguarding the alleged victims’ safety during legal proceedings. In this blog, we will explore what a no-contact order is, how they are applied, and the consequences of violating a no-contact order.
Understanding No-Contact Orders in Indiana
The primary purpose of a no-contact order is to ensure the safety of individuals involved in a criminal case, especially those related to domestic violence or harassment. These orders act as protective measures to prevent potential harm. The goal is to keep the alleged victim safe from the alleged perpetrator until the case is resolved.
When a no-contact order is issued in Indiana, it isn’t solely at the discretion of the alleged victim. Instead, the State takes responsibility for determining when a no-contact order is necessary. This means that these orders can extend beyond the victim, including anyone listed as a potential witness in the case. If the court determines it necessary, they can issue a no-contact order against anyone simply mentioned in a police report or related documents.
Often, no-contact orders are automatically imposed for certain defendants who have been placed on bail for violent crimes which resulted in bodily injury to the victim. Indiana Code § 35-33-8-3.6 addresses this:
(a) “This section applies only to a defendant who is charged with committing a violent crime (as defined in IC 5-2-6.1-8) that results in bodily injury to a person
(b) If a court releases a defendant described in subsection (a) to bail without holding a bail hearing in open court, the court shall include as a condition of bail the requirement that the defendant refrain from any direct or indirect contact with the victim:
(1) for ten (10) days after release; or
(2) until the initial hearing;
whichever occurs first.
(c) At the initial hearing, the court may reinstate or modify the condition that the defendant refrain from direct or indirect contact with the victim.
This section sets out a specific time frame during which defendants are required to refrain from any contact with the victim. Generally, however, the no-contact order will remain in place until the conclusion of the criminal case. If a no-contact order has been issued as a condition of your bail, it is important to discuss what this means for you with an attorney. Courts view no-contact orders seriously and any violation could weaken your legal position.
Requests for Lifting a No-Contact Order
In cases where both the defendant and the protected individual wish to lift the no-contact order, a formal process must be followed. While specific steps can vary across Indiana counties, the general procedure involves three basic phases:
- Requesting a Hearing: The first step usually involves requesting a hearing where both parties can present their case and explain why they believe the no-contact order should be lifted.
- Testifying at the Hearing: The protected individual may need to testify during the hearing and explain why they no longer wish the no-contact order to remain in effect. Valid reasons may include cohabitation, shared responsibilities like co-parenting, or other compelling grounds.
- Establishing Safety Plans: In certain counties, additional steps might be necessary to demonstrate that lifting the no-contact order will not endanger anyone involved. A safety plan can outline how both parties will interact safely and minimize potential risks.
It is important to remember that requests to lift no-contact orders take time. The legal system is set up to ensure the protected person’s actions are voluntary and not influenced by external pressures. Because the specific steps to lifting a no-contact order can vary by county, it is important to speak to your attorney about what is required. An Indiana criminal defense attorney will know the specifics of what the court requires while protecting your rights at the same time.
The Judge’s Role
While both parties may agree to lift the no-contact order, the final decision rests with the judge. This emphasizes the importance of adhering to the prescribed legal procedures and providing the court with all essential information. It is ultimately up to the judge to make a well-informed ruling after hearing from both sides.
Seek Legal Guidance
If you or someone you know is facing a legal situation involving no-contact orders in Indiana, seeking legal guidance is crucial. In the intricate landscape of criminal cases, particularly those involving domestic violence, understanding the role of no-contact orders is crucial. If you or someone you know is facing a legal situation involving a no-contact order in Indiana, hiring an attorney is important. The criminal defense attorneys at the Marc Lopez Law Firm stand ready to help you navigate the legal complexities of your case.
Our attorneys have a deep understanding of Indiana’s legal system and extensive experience in handling no-contact orders. The Marc Lopez Law Firm is committed to providing you with essential legal advice, helping you navigate the legal process, and ensuring your rights are being protected.
If you or someone you know is entangled in a case involving a no-contact order, it is vital to seek professional legal representation. Contact us today to start the journey to resolve our legal situation. Our goal is always to safeguard your rights and secure the best possible outcome for your case. Call us today at 317-632-3642 and remember—always plead the 5th!