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How To Get a No Contact Order Dropped in Indiana

When police are called to intervene in a fight or misunderstanding between two people, one person may automatically be subject to a no contact order, despite the alleged victim requesting one. This is quite common, and for some individuals frustrating. In fact, it often begs the question, “how do I get a no contact order dropped in Indiana?”  

If you or a loved one is currently subject to a no contact order in Indiana and would like legal assistance in getting it dropped, the protective order attorneys at Keffer Hirschauer LLP are available to assist you. Our Indianapolis lawyers are led by two former deputy prosecutors, Bradley Keffer and Tom Hirschauer III, who know both sides of the criminal justice system. They also know all of the local courts in Indianapolis, as well as those across the state, and have extensive experience in negotiation as well as litigating inside the courtroom. In other words, when you choose to hire an attorney from our firm, you’re placing your case in good, experienced hands.  

To speak with an Indiana protective order attorney today call 317-857-0160 or complete our online contact form to schedule a free, confidential consultation.  

Indiana Protective Order Defense Attorneys

Overview of No Contact Orders in Indiana  

In general, no contact orders in Indiana are a type of protective order issued at the behest of the prosecution via the presiding judge in criminal cases. Most often, these orders are issued as a condition of bail or bond, or as part of a criminal sentence, and are effective until the case is disposed or a sentence completed.  

No contact orders in Indiana are court orders requested by the prosecution in criminal cases, issued at the discretion of the presiding judge. They’re often issued as a condition of bail, bond, a criminal sentence or probation, and will remain in effect until the case is disposed of or the end of a sentence.  

Some no contact orders in Indiana are issued automatically. Per Indiana Code 35-33-8-3.6, when a defendant is charged with committing a violent crime that resulted in bodily injury to a person and is released to bail without holding a bail hearing in open court, the court shall include, as a condition of bail, a no contact order, effective for 10 days following their release or until the initial hearing, whichever occurs first. At the initial hearing, the court may decide to drop the no contact order in Indiana, reinstate the order, or modify it.  

When a person becomes subject to a no contact order, they will be required to refrain from making direct or indirect contact, or within sight of, the protected person. In addition, they may not be in contact, direct or indirect, or within sight of, the protected person’s school, place of employment, or residence.  

When it comes to the enforcement of protective orders, direct contact is largely accepted as simply being within the presence of the protected person. Direct contact may also include any form of communication, successful or attempted. Indirect contact, in contrast, may occur when the subject of a no contact order recruits a third party to relay a message to the protected person.  

As clearly outlined in Indiana Code 35-46-1-15.1,  when a person is found to have violated a no contact order they commit the offense of invasion of privacy, a Class A Misdemeanor in Indiana. Under certain circumstances, this charge can be elevated to a Level 6 Felony in Indiana. This may occur if the if the defendant has a previous, but unrelated conviction under this statute.   

The Difference Between No Contact Order and Other Protective Orders 

There are, in general, four different types of protective orders: no contact orders, civil protection orders, workplace violence restraining orders, and injunctions. These four different kinds of orders each have their own purpose and are quite different from one another.  

While no contact orders are issued as a result of criminal charges or convictions, civil protection orders, otherwise known as restraining orders, are injunctions issued by a civil court, at the request of a petitioner. As explained by Indiana Code 34-6-2-121.6, a civil protection order prevents an individual from engaging in violent or threatening acts against; engaging in harassment of; engaging in contact or communication with; or being in physical proximity to another person, including temporary and final orders issued by civil and criminal courts. 

Indiana Code 34-26-5, sets forth the procedure and requirements for filing a protective order, including who is eligible to request one. Under this law, a person may seek a civil protection order against another person if they are the victim of:  

Workplace violence restraining orders are protective orders that may only be sought by an employer on behalf of an employee to prohibit further violence or threats of violence. As stated in Indiana Code 34-26-6-6 work place violence restraining orders may only be sought if the employee who the employer is filing on behalf of has suffered unlawful violence or a credible threat of violence from the person; and the unlawful violence has been carried out at the employee’s place of work or the credible threat of violence can reasonably be construed to be carried out at employee’s place of work by the person.  

Finally, injunctions are orders issued by a judge that forces a person or entity to perform an action or stop taking certain action. Typically, before granting an injunction, courts require the moving party to prove several elements, such as a reasonable chance of success at trial; that existing legal remedies are inadequate; the potential or threatened injury to the moving party outweighs the potential harm to the non-moving party; and that the granting of the request would not impair the public interest. 

How to Get a No Contact Order Dropped in Indiana 

There are, generally, two ways to get a no contact order dropped in Indiana. First, a person may have their no contact order dropped by simply completing their criminal sentence or probation. Second, a person may have their no contact order dropped by having their Indiana protective order lawyer compel the prosecution to file a motion or set a hearing to formally request that that the order be dropped by the judge.  

The latter option is typically deployed when a person has been charged with domestic battery, or another violation of Indiana’s domestic violence laws, and the victim believes that the order is not required in order to maintain their personal safety. In situations like these, the first step towards having the no contact order be dropped is to have the alleged victim attend the initial hearing and inform the judge of their preference to have the order dropped.  

That said, there are times when the alleged victim and/or the subject of the no contact order aren’t aware of the nature of the order until one has already been issued at the initial hearing. When this occurs, the best course of action is to have a protection order attorney in Indiana contact the prosecutor to request that they file motion to life the order or that another hearing be set so that the alleged victim can appear in court to explain their reasoning to judge.  

Ultimately, if making an appeal to the prosecutor was unsuccessful, the victim could write a letter to the court explaining the request in a concise and formal manner. This action often causes the judge to contact the prosecutor or possibly set a hearing to address the request.   

Need Assistance Getting a No Contact Order Dropped in Indiana?  

If you are in need of assistance getting a no contact order dropped in Indiana, you’ll want to hire one of the best protective order attorneys in Indiana. That said, it’s vital to understand that having the order dropped will have no impact on the pending charges at the heart of the matter. The investigation into the original offense will continue and the alleged victim may still be required to testify in the case. Given this, you’ll likely best suited hiring an experienced and skilled criminal defense lawyer in Indiana who also routinely assists Hoosiers in having no contact orders dropped.  

The law office of Keffer Hirschauer LLP, a leading criminal defense firm in Indiana, takes a teamwork-based approach to criminal defense cases. This means that when you hire our firm, you’ll be represented by attorneys with the experience and bandwidth required to handle matters related to your no contact order, as well as the original criminal charges.  

To begin addressing this matter and to work towards securing the best possible outcome, contact our firm today at 317-857-0160 or complete our online contact form to schedule a free, confidential consultation. 

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How to Get a No Contact Order Dropped in Indiana
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How to Get a No Contact Order Dropped in Indiana
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Keffer Hirschauer LLP

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