The most common charge for restraining order violations in Indiana is invasion of privacy. In many cases, an accusation of invasion of privacy is an exaggeration of the events that transpired, or simply a miscommunication. The right lawyer can help you prove your side of events and mitigate the legal repercussions in invasion of privacy cases, as well as help you in the event that you have violated a protective order. Banks & Brower has decades of legal experience ready to support you as a defendant in Indianapolis criminal cases.
How Banks & Brower Can Help
If you’re facing charges of invasion of privacy for breaching a restraining order, several factors could mitigate the charges against you. Attempting to represent your own side of events in court is highly inadvisable. The right defense attorney will help you dismantle the prosecution’s case or establish reasonable doubt. Invasion of privacy a complex area of criminal law, a Indianapolis criminal defense lawyer at Banks & Brower can help. Reach out to our Indianapolis team today to schedule a consultation. We’ll review the details of your situation and let you know how we can help.
What Is a Protective Order?
When the judge issues a restraining or protective order, it indicates that the perpetrator has endangered the safety of one or more individuals. A restraining order protects people from threats or abuse between the victim and alleged abuser. A protective order is a legally binding document that the alleged abuser must obey. Failure to do so could be a criminal offense, despite the fact that protective orders are civil matters.
When a protective order is requested, the order may be issued immediately on an emergency basis to avert potential harm. The alleged perpetrator is ordered to have no contact with the accuser. The accuser has 30 days to present evidence to the court to justify the order.
How Might One Violate a Restraining Order?
It can be easier than you think to breach the conditions of a protective order. Often highly nuanced, these orders cover several stipulations that severely limit what the alleged perpetrator can and cannot do. A protective order could require the abuser not to contact the victim in any way, shape, or form. This includes by phone, text, email, mail, or in person. Contact through third parties, such as mutual friends, is also prohibited. Such an order could also mandate that the alleged abuser must keep a certain number of feet away from the victim at all times and stay away from certain locations, like the victim’s home or school. The alleged abuser also loses the right to possess a firearm.
Even if the person with the protective order contacts the respondent and suggests that they meet, the alleged abuser is still forbidden to respond. If he or she responds, the accuser will not face any charges but the respondent could be charged with invasion of privacy.
If you accidentally or intentionally violate a restraining order, it can become a criminal matter. In Indiana, according to Indiana Code 35-46-1-15.1 violating a protective order involving a domestic or family violence case is a Class A misdemeanor. If the courts find you guilty, you could face up to a year in county jail and/or a fine of up to $5,000, in addition to probation. The courts could elevate the crime to a Level 6 felony if you have prior convictions for similar offenses, extending jail time to one and a half years. Speak to an Indianapolis domestic violence attorney to get help on this particular issue.