No-Contact Order Modification Lawyer in Indianapolis

Under a no-contact order? Here is how we ask the judge to change it.

Call Wynn. (317) 832-1182

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By Myekeal Wynn, Attorney at Law

A no-contact order in a criminal case can keep you away from your home, your partner, and your children for as long as the case is open. It is one of the hardest parts of being charged. It is also something the court can change.

What a no-contact order is

In a criminal case, a no-contact order is a condition of your release. The court can order you to have no direct or indirect contact with the person named in the charge. Ind. Code § 35-33-8-3.2. When a person is released without a hearing on a violent offense involving bodily injury, the no-contact condition applies for ten days or until the initial hearing, whichever comes first, and the judge decides at that hearing whether to continue it. Ind. Code § 35-33-8-3.6.

This is different from a civil protective order, which is a separate case that the other person files. If you were served with one of those, see protective order defense.

What counts as contact

• Calls, texts, emails, and social media messages

• Messages passed through friends or family

• Going to the home, even to pick up your own things

• Replying when the other person contacts you first

The other person cannot give you permission. Only the judge can change the order.

What happens if it is violated

• A new criminal charge. Violating a no-contact order is invasion of privacy. Ind. Code § 35-46-1-15.1.

• A more serious battery charge. Domestic battery committed while a no-contact order is in effect is a Level 6 felony. Ind. Code § 35-42-2-1.3(b)(7).

• Your release is at risk. The State can ask the court to revoke or change your bond. Ind. Code § 35-33-8-5.

How I ask the court to change it

The court can alter the conditions of release for good cause. Ind. Code § 35-33-8-5. I file a motion and bring the judge reasons.

• Lifting the order, when the person it protects wants contact and the facts support it.

• Changing it to no harmful contact, so you can live at home while the case is open.

• Carving out the children. Parenting time, school pickups, and exchanges through a third person.

• A one-time trip home to get clothes, tools, medication, or a vehicle, with a police escort if the court requires it.

• Shared work or school. Terms that let both of you keep your jobs.

What helps the judge say yes

• The protected person’s own wishes, told to the court the right way

• No new incidents and no violations since the order was entered

• Counseling or classes already started

• A stable place to live and a job

• A specific, workable plan for the children

The judge decides. I cannot promise a result, but a prepared motion gets a real hearing.

Related: domestic battery, protective order defense, family law, criminal defense.

Common questions

Can the other person drop the no-contact order? No. They can tell the court what they want, but only the judge can change the order.

They texted me first. Can I answer? No. Answering is contact, and you are the one who can be charged.

Can I go home to get my things? Not without a court order. I can ask the judge for permission.

Can I see my kids? Possibly. I ask the court to allow parenting time, often through a third person.

How long does the order last? Usually for as long as the case is open, unless the judge changes it.

Get back home the right way

Call Wynn. (317) 832-1182

Past results do not guarantee a similar outcome. Contacting Wynn Law does not create an attorney-client relationship.