When most people think of legal proceedings, they imagine a criminal trial courtroom like those they see on TV. It’s important to realize that civil actions can be just as impactful as criminal ones. When the alleged crime involves violence, including domestic violence, orders of protection, and no-contact orders, both categories of law may be at play.
What Is a No-Contact Order?
A no-contact order is just what it sounds like—a decree that the defendant cannot contact those they are charged with harming in any way—by telephone, text, email or social media apps, or in person.
They are often issued as a condition of bail, bond, probation, or a criminal sentence. No-contact orders are issued automatically in certain circumstances; in others, they are issued at the presiding judge’s discretion.
Are No-Contact Orders the Same As Restraining Orders?
Despite several similarities, no-contact orders and restraining orders (known more commonly in Indiana as protection orders) are not the same. The latter are injunctions issued by a civil court, and the petitioner must request them. No-contact orders originate in criminal court.
It’s entirely possible, therefore, for someone to have both types of orders placed upon them.
A protection order can be removed if the petitioner no longer feels that they are at risk by submitting a form called a verified request for dismissal. But what about getting a no-contact order lifted?
How Can Someone Get a No-Contact Order Lifted in Indiana?
Since these court orders are usually conditions of bail, bond, or probation, they will expire when the criminal case is resolved, either at the end of the sentence or when the case has been concluded in another way. Essentially, the only action a defendant can take regarding the no-contact order is to complete their sentence or probation.
That said, defendants do have some recourse, assisted by their attorney. They can request that the prosecutor file a motion to lift the no-contact order or that a hearing be scheduled to discuss the matter.
Naturally, the outcome of these attempts to get a no-contact order lifted will vary widely depending on the situation. If you or your loved one have been issued a no-contact order, the best next step is to contact Razumich & Associates. We can consider your case, advise you on the feasibility of your order being lifted, and defend you in upcoming proceedings to ensure you get a fair shake. Call us at 317-449-8661 to schedule a consultation, or use this convenient form.