Key Takeaways
- Courts typically issue no contact orders as a bail, bond, probation, or sentencing condition.
- When a violent crime causes bodily injury and bail is granted without a hearing, Indiana law imposes a no contact condition automatically.
- Violating a no contact order qualifies as invasion of privacy, a Class A misdemeanor that can rise to a Level 6 felony.
- The protected party’s wishes carry weight with a judge, but they alone cannot get an order dropped.
- Changed circumstances and a clear legal basis are what move a court toward modification or dismissal.
A no contact order can reshape daily life in an instant, restricting where a person can go, who they can communicate with, and how they interact with people they care about. For those subject to one in Indiana, understanding the legal process matters. At Banks & Brower our Indianapolis criminal defense attorney team represent individuals facing no contact order issues across Indianapolis and throughout Indiana. This post explains how these orders work, what Indiana law says about them, and how to get a no contact order dropped when circumstances support seeking relief.
Contact your Criminal Defense Lawyers in Indianapolis
call us: 317-870-0019Overview of No Contact Orders in Indiana
No contact orders in Indiana are court-issued directives that prohibit a defendant from making direct or indirect contact with a protected person. As a criminal no contact order, they arise most commonly as a condition of bail, bond, probation, or a criminal sentence, and remain in effect until the underlying case concludes or the sentence ends. Courts also issue them as standalone civil protective orders in domestic or harassment-related matters.
A defendant subject to one may not communicate through phone, text, email, or social media, and cannot use a third party to relay messages on their behalf. Restrictions may also apply to a protected person’s home, workplace, or school. Indiana courts treat violations with the same seriousness as new criminal charges.
Types of Protective Orders and How They Differ
Indiana law recognizes several distinct categories of protective orders. Each serves a different legal purpose:
- No Contact Orders: Issued by a criminal court at the prosecution’s request, typically as a bail or sentencing condition. The protected person cannot unilaterally have this type of order removed.
- Civil Protective Orders: Filed by a petitioner directly in civil court without an underlying criminal case. Under Indiana Code § 34-26-5-6, a court may not delay granting relief due to a pending case between the same parties, and a petitioner is not barred from seeking one because other proceedings are ongoing.
- Workplace Violence Restraining Orders: Sought by an employer on behalf of an employee who has been threatened or harassed, applying specifically to workplace conduct.
- Injunctions: Civil court orders prohibiting specific conduct, broader in scope and applicable outside domestic or criminal contexts, such as stalking or harassment by a non-intimate party.
Understanding which type of order applies determines the correct legal avenue for seeking relief.
Indiana Laws Governing No Contact Orders and Violations
Indiana statute defines the circumstances under which no contact orders are imposed and the consequences for ignoring them. Under Indiana Code § 35-33-8-3.6, when a defendant is charged with a violent crime that results in bodily injury and is released to bail without a bail hearing in open court, the court must include a no contact condition. That condition remains in force for ten days following release or until the initial hearing, whichever comes first. At the initial hearing, the court may reinstate, modify, or allow the condition to expire.
Violations carry serious consequences. Indiana law classifies a violation as invasion of privacy, a Class A misdemeanor. A prior unrelated conviction under the same statute can elevate the charge to a Level 6 felony. Courts do not look favorably on defendants who treat these conditions as negotiable.
How to Get a No Contact Order Dropped in Indiana
Understanding how to get a no contact order dropped begins with assessing the order’s origin. The process differs depending on whether the order arose from a criminal case or a civil petition.
In a criminal case, the defendant’s attorney must petition the court directly. The protected person’s desire to have the order removed carries weight, but courts are not bound by it. A judge will evaluate the nature of the underlying charges, the relationship between the parties, and whether the protected person’s request appears voluntary and free from pressure. Simply having the protected party appear in court to express their wishes does not guarantee dismissal.
For civil protective orders, the petitioner may file a motion to dismiss or modify, and the court will schedule a hearing to assess whether the original grounds still exist. In either context, an attorney can review the order’s terms, identify procedural grounds for modification, prepare the appropriate filings, and present a structured argument. Acting without counsel risks making statements or concessions that complicate the case further.
When a Judge May Modify or Lift a No Contact Order
Judges retain full discretion over whether to modify or dismiss a no contact order. Courts consider whether the protected person has voluntarily appeared to request modification and whether that request reflects their genuine wishes rather than pressure from the defendant. Judges also weigh the defendant’s compliance record and any evidence of changed circumstances, such as completed counseling or a resolved living situation.
In domestic situations, some courts may require documentation of counseling completion before reconsidering the order’s terms. A defendant with a clean compliance record and credible changed circumstances stands in a materially stronger position than one seeking relief shortly after issuance.
Timing matters as well. A defense attorney can identify the right moment and frame the petition to give it the strongest possible foundation.
Call Banks & Brower for Help with No Contact Orders in Indiana
No contact order situations move quickly, and decisions made early shape what options remain later. Banks & Brower represents individuals across Indianapolis and throughout Indiana who need informed legal guidance on protective order matters. To discuss your situation and explore available options, call us today at (317) 870-0019. Learning how to get a no contact order dropped starts with understanding your rights.
