Conozca la Ley: Indiana
ACTUALIZADA 29 de julio, 2008
arribaWhat is a No Contact Order (NCO)?
If you do not qualify for a domestic violence order for protection, you may be eligible for a no contact order.
No contact orders are only issued in criminal and juvenile cases. This means that a criminal charge or juvenile case would have to be pending in order to get a no contact order.
If a juvenile is in need of a no contact order, a child’s parent, guardian, custodian, guardian ad litem, probation officer, caseworker, prosecuting attorney, or attorney for department of child services can issue an order to control the conduct of a person in relation to the child.*1 The court will issue the order if they find good cause.*2 If the order is issued, it will remain in effect for one year. However, the order can be extended for additional one year periods. The court also has the power to modify or cancel the order because of changed circumstances.*3
In order to get a no contact order for a child in need of services, a petition must be filed at the court. The following items must be shown in order for your petition to be considered.
1. The abuser/respondent is likely to have contact with the child if there is no order;
2. A judge has previously determined that the child is in need of services; and
3. No contact with abuser/respondent is in the best interests of the child*4
The court will have a hearing after the petition is filed. If the court finds that the above items alleged in the petition are true, they will issue an order.*5
In a criminal proceeding, it may be a condition of bail that the defendant refrain from direct or indirect contact with an individual if the defendant poses a risk of physical danger to another person.*6 A no contact order may also be a condition of probation.*7
No contact orders are not limited to family or household violence, stalking or sex offenses as are protection orders. If you are a witness (or a victim) in a criminal case, you can ask the prosecutor to ask the court to issue a no contact order.
A no contact order usually states that the person charged with the crime is not to directly or indirectly contact you. Direct contact includes phone calls, letters, going within sight of you, your residence, place of employment, or school. Indirect contact includes messages through a third person at the direction of the respondent.
If the respondent attempts to make contact in any way you should first report the incident to the police and then to the prosecutor's office. The prosecutor's office will review the police report to determine what action will be taken. How long the NCO remains in effect depends upon the facts of your case.*8
For more information and instruction on how to file a no contact order, see the Indiana Courts page.
*1 I.C. § 31-32-13-1
*2 I.C. § 31-32-13-4
*3 I.C. § 31-32-12-6
*4 I.C. § 31-34-25-3
*5 I.C. § 31-34-25-4
*6 I.C. § 35-33-8-3.2
*7 I.C. § 35-38-2-2.3(a)(17)
*8 http://www.in.gov/judiciary/center/pubs/benchbooks/protection-order-deskbook.pdf