No contact orders are frequently issued in Indiana criminal cases, particularly those involving domestic violence, battery, or harassment. While these orders are designed to protect alleged victims, they can sometimes create unintended hardships for both parties. If you're subject to a no contact order in Indiana and believe it should be lifted, here's what you need to know about getting it vacated.
Understanding No Contact Orders in Indiana
Before we discuss the process of vacating a no contact order, it's important to understand what these orders entail. In Indiana, a no contact order prohibits the defendant from having any form of contact with the protected person, including in-person interactions, phone calls, text messages, emails, or third-party communications.
Steps to Vacate a No Contact Order
1. **Consult with an Experienced Attorney**
The first and most crucial step is to consult with an experienced criminal defense attorney. The process of vacating a no contact order can be complex, and having professional guidance can significantly improve your chances of success.
2. **Assess the Situation**
Your attorney will help you evaluate the circumstances of your case. Factors that may support vacating the order include:
- The alleged victim's desire to have the order lifted
- Changes in circumstances since the order was issued
- Completion of counseling or treatment programs
- Lack of violations of the existing order
3. **Gather Supporting Evidence**
Collect any evidence that supports your request to vacate the order. This might include:
- Letters or affidavits from the protected person (if they support lifting the order)
- Documentation of completed counseling or anger management programs
- Evidence of changed circumstances (e.g., divorce finalized, moved to different residences)
- Character references
4. **File a Motion to Vacate**
Your attorney will draft and file a formal motion with the court requesting that the no contact order be vacated. This motion should clearly state the reasons why lifting the order is appropriate.
5. **Notify the Prosecutor and Protected Person**
The prosecutor and the protected person must be notified of your request to vacate the order. They will have the opportunity to respond and potentially object to the motion.
6. **Attend the Hearing**
The court will schedule a hearing to consider your motion. At this hearing:
- Your attorney will present arguments in favor of vacating the order
- The prosecutor may present counterarguments
- The protected person may have the opportunity to express their views
- The judge may ask questions to clarify the situation
7. **Comply with the Court's Decision**
If the judge grants the motion, the no contact order will be vacated. However, if the motion is denied, the order will remain in effect. It's crucial to continue complying with the order unless and until it is officially vacated by the court.
Important Considerations
- **Victim's Input**: While the victim's desire to lift the order is considered, it's not the sole determining factor. The court will consider the overall safety and best interests of all parties involved.
- **Timing**: In some cases, it may be advisable to wait before filing a motion to vacate. This can allow time to complete counseling, demonstrate good behavior, or allow emotions to settle.
- **Partial Modifications**: In some situations, the court may be willing to modify the order rather than vacate it entirely. For example, allowing limited contact for co-parenting purposes.
- **Potential Impact on Criminal Case**: The strategy for vacating a no contact order should be considered in the context of your overall criminal case strategy.
How Massillamany Jeter & Carson LLP Can Help
At Massillamany Jeter & Carson LLP, we understand the complexities involved in vacating no contact orders in Indiana. Our experienced team can:
- Evaluate your case and advise on the likelihood of successfully vacating the order
- Gather and present compelling evidence to support your motion
- Negotiate with prosecutors and communicate with the protected person when appropriate
- Represent you effectively at the hearing to vacate the order
- Ensure all legal procedures are correctly followed throughout the process
If you're subject to a no contact order in Indiana and believe it should be lifted, don't attempt to navigate this complex process alone. Contact Massillamany Jeter & Carson LLP today at 317-576-8580 for a confidential consultation. We'll review your case, explain your options, and work tirelessly to achieve the best possible outcome for your situation.
Remember, violating a no contact order can result in serious legal consequences. Always comply with existing orders while pursuing legal means to have them vacated or modified.