Understanding the Serious Consequences and How an Attorney Can Help
If you’ve been served with a protective order, you may feel overwhelmed, frustrated, or even confused about what to do next. It’s crucial to understand that violating a protective order—whether intentionally or by mistake—can have serious legal consequences, including criminal charges, jail time, and hefty fines.
At The Marc Lopez Law Firm, we’ve helped countless people in your situation. In this guide, we’ll break down what happens if you violate a protective order in Indiana, what penalties you could face, and how hiring an experienced attorney can make all the difference in your case.
What Is a Protective Order?
A protective order, sometimes called a restraining order, is a court order that legally prohibits one person from contacting, harassing, or being near another person. These are often issued in cases involving alleged domestic violence, stalking, or harassment.
There are two main types of protective orders:
- Ex Parte Protective Order – This is a temporary order that a judge issues without the accused (respondent) being present. It remains in effect until a hearing is held, where both parties can present evidence.
- Final Protective Order – After a court hearing, a judge may issue a long-term protective order if they believe it is necessary to protect the petitioner.
Key Fact: Even if you believe a protective order was issued unfairly, you must follow it until it is modified or dismissed by a judge. Violating the order—even accidentally—can result in criminal charges.
What Happens If You Violate a Protective Order in Indiana?
Violating a protective order is a criminal offense in Indiana. The law considers any intentional violation—such as contacting the protected person via text, phone, or in person—as invasion of privacy under Indiana Code § 35-46-1-15.1.
Penalties for Violating a Protective Order
- First-Time Violation – Class A Misdemeanor
- Punishable by up to 1 year in jail
- Fines up to $5,000
- Second Violation or Prior Invasion of Privacy Conviction – Level 6 Felony
- Punishable by 6 months to 2.5 years in prison
- Fines up to $10,000
What Counts as a Violation?
A protective order violation can include:
– Calling, texting, or emailing the protected person
– Showing up at their home, work, or school
– Sending messages through social media
– Having a third party contact them on your behalf
– Even accidental encounters can be reported
How to Avoid Violating a Protective Order
If a protective order has been issued against you, follow these steps to avoid accidental violations:
– Read the order carefully – Understand exactly what is prohibited
– Avoid all contact – Even a single text message is a violation
– Change routines – If the protected person frequents a place, avoid it
– Keep proof of compliance – Record where you were if an accusation arises
– Speak to an attorney – If you believe the order is unfair, a lawyer can challenge it in court
What to Do If You’re Accused of Violating a Protective Order
If you’ve been accused of violating a protective order, don’t panic—but don’t ignore it either. A strong legal defense is crucial to avoid harsh penalties.
– Do NOT contact the protected person to “explain” – This will only make things worse.
– Do NOT ignore the charges – Even if you believe the accusation is false, you must take it seriously.
– DO contact an attorney immediately – The sooner you hire an experienced protective order defense attorney, the better your chances of avoiding jail time and reducing charges.
How The Marc Lopez Law Firm Can Help
At The Marc Lopez Law Firm, we understand how overwhelming it can be to face a protective order. Our experienced criminal defense attorneys know how to:
– Challenge unfair protective orders
– Defend against false accusations
– Negotiate to reduce charges
– Fight for your rights in court
Remember: The court takes protective order violations very seriously. You need an attorney who will aggressively defend your case and work to protect your future.
If you’ve been accused of violating a protective order, don’t wait. Call us today at 317-632-3642 for a free consultation, and remember—always plead the Fifth!
