A no contact order is one of the most common conditions placed on a defendant in a pending criminal case — and one of the most frequently misunderstood. The core rule is simple, but it trips people up constantly: the order applies only to the defendant, and it does not matter who reaches out first.
What a No Contact Order Is
A no contact order is a court order prohibiting a defendant from having direct or indirect contact with a protected person — typically the alleged victim — while a case is pending. It’s most often issued as a condition of bail in cases involving violence, including domestic violence, and can also be imposed as a condition of probation or as part of a sentence.
In some cases, a no contact order attaches automatically. Under Indiana Code 35-33-8-3.6, if a defendant charged with a violent crime resulting in bodily injury is released on bail without an open-court bail hearing, the court must include a no contact condition for the first 10 days after release, or until the initial hearing — whichever comes first. At the initial hearing, the court can reinstate, modify, or lift that condition.
"Contact" under these orders is read broadly. It’s not limited to showing up in person — it includes phone calls, texts, emails, letters, social media posts or messages, and contact through a third party (having a friend or family member relay a message counts too).
Why the Responsibility Is One-Way
This is the part that causes the most confusion: a no contact order restricts the defendant, not the protected person. The protected person has no legal obligation under the order at all — nothing stops them from calling, texting, or reaching out to the defendant.
That does not change anything for the defendant. Indiana law is explicit that a protected person’s consent or invitation does not override the order. If the protected person calls, texts, shows up, or says "it’s fine, you can talk to me now" — none of that has any legal effect. Only the court that issued the order can modify or terminate it.
In practice, this means:
- If the protected person reaches out first, the defendant still cannot respond.
- If the protected person says they want the order lifted, the order stays in effect until a judge actually changes it — usually after the protected person tells the prosecutor and appears in court (or writes the court directly) asking for the modification.
- Responding to contact initiated by the protected person is treated exactly the same as the defendant initiating contact. There is no "they contacted me first" defense.
The Consequences of Violating an Order
Violating a no contact order in Indiana is charged as invasion of privacy under Indiana Code 35-46-1-15.1 — a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $5,000. If the defendant has a prior unrelated conviction for violating a no contact order, the charge is elevated to a Level 6 felony. Beyond the new charge itself, a violation while a case is pending is also grounds for the court to revoke bond and take the defendant back into custody.
Managing This as a Client
The instinct to respond when someone you care about reaches out is completely human — but it is exactly the trap that turns a pending case into a second charge. The rule to hold onto is simple: if a no contact order is in place, don’t respond, don’t explain, and don’t let a third party pass along a message on your behalf — no matter who contacts you first, and no matter what they say about wanting to talk. If the protected person genuinely wants the order changed, the request has to go through the court, not through renewed contact with the defendant.
This post is for general information and does not constitute legal advice. If you have a no contact order in your case, contact our office to discuss your specific situation.