Indiana No Contact Order - Pretrial Release

State:
Indiana
Control #:
IN-NC-0100
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Description

No Contact Order - Pretrial Release

An Indiana No Contact Order — Pretrial Release is a court order issued by a judge in Indiana to prevent contact between an accused individual and the alleged victim(s) of the crime. This order is put into effect to protect the alleged victim(s) from further harm or intimidation. The order prohibits the accused individual from initiating contact, communicating with, or coming within a certain distance of the alleged victim(s). There are two types of Indiana No Contact Orders — Pretrial Release: Level 1 and Level 2. Level 1 orders are issued for non-violent offenses, and the accused individual must remain at least one mile away from the alleged victim(s). Level 2 orders are issued for violent offenses, and the accused individual must remain at least 500 feet away from the alleged victim(s). Violating an Indiana No Contact Order — Pretrial Release can result in serious legal consequences.

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FAQ

To get a no contact order lifted in Indiana, the protected person must contact the prosecutor or judge presiding over the case and explain why they feel that the no contact order is unnecessary.

A Pretrial Conference is an opportunity for your attorney to discuss your case with the prosecutor. Some Pretrial Conferences will result in the case being resolved by a plea agreement or pretrial diversion.

Under both federal and state law, courts in Indiana must enforce valid protection, no- contact, and workplace violence restraining orders from other jurisdictions as if they were issued by our own courts. This recognition and enforcement are known as full faith and credit. See I.C. 34-26-5-17 and 18 U.S. Code 2265.

Violation of a No Contact Order is categorized as an invasion of privacy, which is a Class A Misdemeanor. However, if one has a prior unrelated conviction under that same statute, the penalty will be a Level 6 felony.

Prohibit the Respondent from harassing, annoying, telephoning, contacting, or directly or indirectly communicating with the Petitioner. Order the Respondent to stay away from the Petitioner's residence, school, employment and/or other specified places and each designated family or household member.

The order may require the offender to move out of your shared home, pay child support, or turn over any firearms they own to law enforcement. The order can also allow contact between you two for specific purposes, such as parenting exchanges. A protective order is usually in place for two years.

No contact orders are issued by the court as a product of criminal proceedings, whereas an Indiana restraining order (legally referred to as a protection order) is an injunction issued by a civil court, at the request of the petitioner (victim).

The order may require the offender to move out of your shared home, pay child support, or turn over any firearms they own to law enforcement. The order can also allow contact between you two for specific purposes, such as parenting exchanges. A protective order is usually in place for two years.

More info

Pre-trial No Contact Orders stay in place until either there is a final resolution to the criminal case, or a Judge specifically orders it lifted. Conviction No Contact Order is an order that is issued after a criminal conviction.If the Judge grants our motion his order may permit full and unrestricted "lawful" contact. When a judge orders a person to have no contact with another person, it means that he or she is prohibited from contacting that person in any way. The no-contact order may be issued as a condition of bail, bond, or recognizance release or as a condition of sentence or probation. The no-contact order. The charge is called "Violation of Condition of Pretrial Release," and it is a firstdegree misdemeanor. The purpose of this article is to address lifting the no contact order after a domestic battery arrest in Pinellas County, FL. When no conditions of release are sufficient to accomplish the aims of pretrial release, defendants may be detained through specific procedures. Real answers from licensed attorneys.

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Indiana No Contact Order - Pretrial Release