The Difference Between a No Contact and Protective Order

Many people assume that a No Contact Order is the same legal action as a Protective Order. The truth is, they are two different types of legal actions, yet very similar. Continue reading to learn the difference between the two, including the common Indiana penalties for violating such orders.

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Protective Orders

A protective order is a civil-based court order of protection that is signed by a judge, ordering a recognized “perpetrator”, or respondent, to stay away from the petitioner, or protected party. When a person fears that another individual is going to physically hurt them, they can file a petition with the civil court explaining their “fear of imminent bodily injury” and how a legal order is the only way to put an immediate end to their danger.

The courts can order specific legal boundaries for the respondent, including city zones, residences, family members, and more. Often times, a judge will simply order a respondent to keep a specified distance away from the petitioner at all times, such as 500 feet.

No Contact Orders

No contact orders are very similar to protective orders, since they are both signed by a judge and approved in a court or law. However, no contact orders are requested by a prosecutor in a criminal case, not by a petitioner, also making them criminal-based orders rather than civil-based ones.

When alleged victims are involved in criminal cases, more often than not, no contact orders are issued at the same time criminal charges are filed against a defendant. And in most cases, these orders stay in effect throughout the case and for as long as the defendant’s sentence.  No contact orders can generally be terminated beforehand if a person from the protected party is willing to testify that it is no longer necessary.

Invasion of Privacy Charges

If a respondent violates any aspect of a no contact order or protective order, they are committing a crime and criminal charges will be filed against them. Generally, the crime is Invasion of Privacy, which can be a misdemeanor or felony charge. Physical contact is not the only way a respondent can violate an order as well. For example, other forms of violation can include:

☛ Direct contact (i.e. same vicinity, physical, eye-to-eye, etc.)
☛ Phone contact (i.e. calls, voicemails, text messages, email, etc.)
☛ Indirect contact (i.e. mail, sending flowers, leaving notes, etc.)
☛ 3rd party contact (i.e. sending messages through mutual friends) |
☛ Social media contact (i.e. Twitter, Facebook, Gmail, apps, etc.)
☛ And More

Indiana Criminal Defense Law Firm

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.