Indiana Law Blog
When it comes to legal protection in Indiana, terms like “no contact order,” “protective order,” and “stay away order” often pop up. They might sound similar, but they’re not the same. At Harshman Ponist Smith & Rayl, we’re here to break it down for you in simple terms. Whether you’re dealing with harassment, domestic issues, or just need clarity, this guide explains the differences, how they work, and what they mean for you. Let’s dive into this Indiana law breakdown—perfect for boosting your understanding and our SEO game!
What Is a No Contact Order in Indiana?
A no contact order is a rule set by a judge in a criminal case. It’s usually put in place to keep an alleged victim or witness safe from the person accused of a crime, like domestic violence or stalking. Think of it as a “hands-off” warning tied to someone’s bail or probation.
How It Starts: The prosecutor asks for it, or it’s automatic in some violent crime cases (Indiana Code 35-33-8-3.6). It kicks in fast—sometimes right after an arrest.
What It Does: The person named can’t call, text, email, or even send a message through a friend. They might also have to avoid your home or job.
How Long It Lasts: Until the criminal case wraps up—could be weeks, months, or longer.
What Happens If They Break It: It’s a crime called “invasion of privacy.” They could face jail time (up to a year) or a fine (up to $5,000).
What Is a Protective Order in Indiana?
A protective order is a civil tool you can request if someone’s harassing, threatening, or hurting you. It’s not tied to a criminal case—you ask for it yourself to stay safe. It’s like a personal shield you get from the court.
How It Starts: You file a form at the county clerk’s office, explaining what’s happened. A judge might give you a temporary order right away (lasting about 10 days), then hold a hearing for a longer one.
What It Does: It can stop contact, keep them away from your home or work, and even cover things like child custody or making them give up guns.
How Long It Lasts: Up to two years, unless the court changes it (Indiana Code 34-26-5).
What Happens If They Break It: Same deal—“invasion of privacy” charges with jail or fines.
What Is a Stay Away Order in Indiana?
A stay away order isn’t a standalone thing in Indiana—it’s part of a no contact or protective order. It’s the part that says, “Stay X feet away from this person or place.” It’s all about keeping distance.
How It Starts: A judge adds it to a no contact order (criminal) or protective order (civil) based on the situation.
What It Does: Focuses on physical space—like staying 500 feet from your house or school.
How Long It Lasts: Matches the main order—until the case ends or up to two years.
What Happens If They Break It: Same penalties as above—jail or fines for stepping over the line.
The Big Differences: No Contact vs. Protective vs. Stay Away
Here’s the quick rundown:
- Where They Come From:
- No contact = Criminal case (prosecutor pushes it).
- Protective = Civil case (you request it).
- Stay away = A rule inside either one.
- Who Asks for It:
- No contact = The state (prosecutor).
- Protective = You, the person needing help.
- Stay away = The judge decides.
- How They Work:
- No contact = Automatic in some cases, all about zero contact.
- Protective = You file for it, more options like custody.
- Stay away = Just the “keep your distance” part.
- What They Cover:
- No contact = Strict, no communication at all.
- Protective = Flexible, fits your needs.
- Stay away = Distance-focused.
Why It Matters to You
If you’re in Indiana and facing threats or legal trouble, knowing these differences can save you stress. A no contact order means a criminal case is in play—stay sharp and follow the rules. A protective order gives you power to protect yourself, no criminal charge needed. And a stay away order? It’s the extra layer keeping someone at bay.
At Harshman Ponist Smith & Rayl, we’ve got your back. Whether you’re seeking protection or defending against an order, our Indiana law experts are ready to help. Call us or visit Harshman Ponist Smith & Rayl today—because your peace of mind matters!
Updated as of February 21, 2025—your go-to guide for Indiana legal protection!