Protective Order vs. No-Contact Order in Indiana: What’s the Difference?

Two people can get handed court paperwork on the same afternoon in Indiana and walk away with two completely different legal problems. A protective order and a no-contact order sound similar, but they come from different courts, different people, and different rules about who controls them.

What Makes a Protective Order a Civil Case in Indiana?

A protective order is a civil case that starts with the person who says they were hurt, not a prosecutor. It doesn’t need criminal charges. Someone alleging domestic or family violence, stalking, a sex offense, or repeated harassment can file with the circuit court clerk.

There are two kinds of orders:

• An Ex Parte Order for Protection, which a judge may issue without a hearing in domestic or family violence cases. Harassment cases require notice and a hearing first.
• An Order for Protection issued after a hearing, normally lasting two years, unless the judge decides otherwise.

How Does a No-Contact Order Work in a Criminal Case?

A no-contact order usually shows up in a criminal case, often right after an arrest. A judge may set it as a condition of bail, pretrial release, probation, or sentencing. Courts can also issue them in other cases, such as juvenile cases.

When someone charged with a violent crime that caused bodily injury is released on bail without an open-court bail hearing, Indiana law requires a no-contact condition. It lasts 10 days or until the initial hearing, whichever comes first. The judge may then keep or change it.

Unlike a protective order, it typically ends when the criminal case does.

Frequently Asked Questions

Can I have a protective order and a no-contact order at the same time in Indiana?

Yes. A civil protective order and a criminal no-contact order can run at the same time and cover the same two people, since one comes from a civil petition and the other from a criminal case. Ask your attorney to review both together, since the restrictions can differ.

Who can ask a judge to drop a no-contact order?

Only the court can lift or change a no-contact order, not the alleged victim. An attorney can file a motion asking the judge to modify it.

What happens if you violate either order?

Breaking either order is a separate charge, generally invasion of privacy, a Class A misdemeanor. It becomes a Level 6 felony with a prior unrelated conviction for invasion of privacy or stalking.

What happens if I accidentally contact someone protected by one of these orders?

A person commits invasion of privacy only by knowingly or intentionally violating the order. So truly accidental contact may not be a crime. But the State decides whether to file charges, and a judge decides what you knew and meant. Contact that the protected person starts may still be treated as a violation if you knowingly respond to it.

More Questions? Contact The Criminal Defense Team

Being served with either order, or waiting to see if one is filed, brings a dread that doesn’t wait for business hours. Contact our firm today to speak with our experienced Indiana criminal defense attorneys.