Indianapolis Invasion of Privacy Attorney
Domestic violence charges can have serious consequences if they result in convictions. There are severe penalties that may be imposed on those convicted of a domestic violence offense, one of the most serious types being invasion of privacy or property. The assistance of an experienced and aggressive Indianapolis invasion of privacy lawyer, such as Chris Eskew of Eskew Law, LLC can enable you to mount an effective defense.
Forms of Invasion of Privacy or Property
Under Indiana statute, specifically Ind. Code § 35-46-1-15.1, a person commits the offense of privacy invasion when he or she intentionally violates:
- A protective order to prevent domestic or family violence issued after a hearing;
- A protective order issued by a court solely on one party’s petition without a hearing (ex parte) in response to an emergency situation;
- A workplace violence restraining order;
- A no contact order in a dispositional decree or an order to refrain from direct or indirect contact with a child in need of services or a delinquent child;
- A no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion;
- A no contact order issued as a condition of probation;
- A no contact order to prevent domestic or family violence issued during the dissolution of a marriage or legal separation action in the court where the case is pending;
- A protective order to prevent domestic or family violence in a paternity action;
- A no contact order in a child in need of services proceeding or in a juvenile delinquency proceeding;
- A substantially similar protective or no contact order issued in another state;
- A protective order or no contact order issued by a Native American tribe, band, pueblo, nation, or organized group or community.
As seen above, many of the ways invasion of privacy may occur is by intentionally violating a protective order. Protective orders may be acquired by petitioning a court after being harmed, threatened, or placed in fear of harm, by a family or household member. Protective orders issued by a court under Ind. Code § 34-26-5 are expansive, and in addition to prohibiting someone from threatening or committing acts of domestic or family violence, a protective order may also involve conduct relating to property, specifically:
- The order may remove someone from the residence of the petitioner, regardless of who owns that residence; or
- The order may require someone to stay away from the residence, school, or place of employment of the petitioner or a specified place that is frequented by the petitioner and each designated family or household member.
Penalties for Invasion of Privacy or Property
In Indiana, invasion of privacy is considered a Class A misdemeanor, which is why retaining a highly skilled Indianapolis invasion of privacy attorney to defend you is of the utmost importance. It is the most serious kind of misdemeanor that, under Ind. Code § 35-50-3-2, is punishable by no more than a year in prison and a fine not exceeding $5,000. However, if a person has a prior unrelated conviction for invasion of privacy, the second and any subsequent offenses will be considered a Level 6 felony. Under Ind. Code § 35-50-2-7, a Level 6 felony carries a mandatory potential prison term of between six months and two and a half years and a fine not exceeding $10,000. A court retains the discretion to choose to convict of a Class A misdemeanor in these instances even if the person may be convicted of a Level 6 felony.
Contact a Skilled Invasion of Privacy Lawyer in Indianapolis, IN
If you were charged with invasion of privacy in Indianapolis or Central Indiana, you must take immediate action and contact an experienced criminal defense lawyer in Indianapolis, IN. Call Eskew Law, LLC at (317) 974-0177 or request a consultation online. We will review your case and help you determine the most effective course of action.