Facing criminal charges is never easy, and it becomes even more complex when a no-contact order is involved. In the state of Indiana, the law is clear about the consequences of violating such orders. If you or someone you know is facing additional criminal charges for violating a no-contact order, keep reading. In this blog, we will go through the specifics of no-contact orders in Indiana, what the consequences are for violating them, and the importance of hiring legal counsel.
What Are No-Contact Orders?
In Indiana, a no-contact order is a legal restriction imposed by the court on individuals charged with a criminal offense. It prohibits any form of contact with the person who is the alleged victim in the case. The intention behind this order is to protect the alleged victim from further harm or harassment during the legal proceedings. Complying with a no-contact order is crucial, as violating them can result in serious legal consequences, including additional criminal charges.
Is It a Two-Way Agreement?
It is crucial to note that no-contact orders are not mutual agreements. Even if the person listed in the order attempts to initiate contact, you are legally bound to refrain from communication with them. It is important to remember the one-sided nature of no-contact orders as any violation can negatively impact legal proceedings. Additionally, while both parties may agree to lift the no-contact order, the final decision rests with the judge. It is ultimately up to the judge to make a well-informed ruling after hearing from both sides.
No-Contact Orders and Criminal Cases
No-contact orders are associated with criminal cases ranging from battery to driving while intoxicated (DUI) cases. In some cases, a judge will automatically issue a no-contact order for certain defendants. As outlined in Indiana Code § 35-33-8-3.6, in a case where an individual has been charged with committing a violent crime which resulted in bodily injury against another, the individual may only be released on bail if the court issues, as a condition of bail, a no-contact order. For these cases, the no-contact order lasts for ten days after release or until the initial hearing, whichever occurs first. Additionally, at the initial hearing, the court can reinstate or modify the no-contact order. In general, most no-contact orders stay in place until the criminal case is resolved.
Consequences of Violating No-Contact Orders
Failing to adhere to a no-contact order can lead to severe consequences, depending on the circumstances of the violation. Consequences range from bond revocation to further criminal charges for “invasion of privacy.” Additional charges start at a Class A misdemeanor which can carry a penalty of up to 1 year in jail and a $5,000.00 fine. They can also quickly escalate into a Level 6 felony which can carry a penalty of up to two and a half years in jail and a $10,000.00 fine.
Accumulating such offenses could have lasting implications on your legal standing. Indiana Code § 35-46-1-15.1(a) outlines some of the instances which could lead to Class A misdemeanor charge if the person knowingly or intentionally violates a no-contact order:
- a no-contact order that orders the person to refrain from direct or indirect 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;
- an order issued in another state that is similar to an order described above; or
- an order issued by a Native American tribe, band, pueblo, nation, or organized group or community that is similar to an order described above.
The consequences increase in severity to a Level 6 felony if a person knowingly or intentionally violates a no-contact order and has a prior unrelated conviction for violation of a no-contact order or a stalking charge.
Make the Right Call
Navigating the complexities of criminal charges and no-contact orders can be challenging. In such situations, it is crucial to seek legal representation from an Indiana criminal defense attorney who is well versed in the laws surrounding no-contact orders. The criminal defense attorneys at the Marc Lopez Law Firm are well-equipped in providing you with the guidance and support needed to navigate this difficult legal terrain.
At the Marc Lopez Law Firm, we understand the complexities surrounding no-contact orders, compliance, and how to safeguard your legal rights—especially when associated with other criminal charges. If you have any questions or concerns regarding criminal charges for crimes of violence or violation of a no-contact order, reach out to our dedicated legal team at the Marc Lopez Law Firm. We are here to guide you through the legal process and help you make informed decisions. Give us a call at 317-632-3642 and remember–always plead the 5th!
