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In Indiana, invasion of privacy doesn’t mean what most people think. It’s the criminal charge for violating a protective order, a no contact order, or a similar court order, and it’s one of the most commonly filed charges in cases involving family or relationship conflict. Invasion of privacy covers knowingly or intentionally violating orders like a civil protective order, a no contact order issued as a condition of release or probation, a workplace violence restraining order, or a similar order from another state.
Invasion of privacy is generally a Class A misdemeanor, carrying up to a year in jail and a fine of up to 5,000 dollars. It becomes a Level 6 felony, carrying six months to two and a half years, when the person has a prior unrelated conviction for invasion of privacy or stalking. Beyond the new charge, a violation can lead to revocation of bond or probation in an existing case, and repeated violations can support a stalking charge. These cases often arise when both people want contact, which surprises many people, since only the court can change an order. Even if the protected person reaches out first or agrees to meet, contact can still be a violation.
The defense in an invasion of privacy case often focuses on what the order actually said and whether the person knew about it. The state generally has to prove the person had notice of the order and knowingly violated it. The defense may also focus on whether the contact was accidental, like running into someone in public, whether it was through a third party in a way the order actually prohibited, and whether the evidence of contact is reliable. In some cases, the best path is asking the court to modify or dismiss the underlying order.
At RileyCate, we defend invasion of privacy charges and help clients respond to the underlying orders, including requests to modify no contact orders. For cases involving a repeated pattern of conduct, our Stalking page explains that charge, and our Domestic Battery page covers cases where a no contact order follows a domestic arrest.
Invasion of privacy cases often come down to the details of an order and the circumstances of the contact, which reward attorneys who dig into those details and are ready to try the case. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been charged with invasion of privacy, it’s important to understand the order involved and avoid any further contact until you’ve spoken with an attorney. We offer a consultation to review the charges and explain your options. Reach out to RileyCate today to speak with a defense attorney.