Invasion of Privacy and Indiana Law by Indianapolis Criminal Attorney Jeff Cardella
If you have an Invasion of Privacy case in Indiana and need a top rated criminal defense attorney, call me at 317-695-7700 or email me for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association, have served as a Judge pro tem, have nearly two decades of experience and taught criminal law at the IU McKinney School of Law.
What Constitutes Invasion of Privacy in Indiana?
Invasion of privacy under Indiana law, as outlined in Indiana Code 35-46-1-15.1, occurs when an individual knowingly or intentionally violates a court-issued protective order, no-contact order, or similar restraining order. These orders are commonly issued to prevent domestic violence, harassment, stalking, or workplace threats, and they prohibit direct or indirect contact with the protected person.
Violations can include phone calls, texts, emails, social media interactions, approaching the protected individual, or even using third parties to communicate. Indiana courts interpret these prohibitions strictly to ensure the safety of those protected by the order.
Common Types of Orders Leading to Invasion of Privacy Charges in Indiana
Several types of court orders, when violated, trigger invasion of privacy charges:
- Protective orders for domestic or family violence or harassment
- Ex parte protective orders issued without a full hearing
- Workplace violence restraining orders
- No-contact orders in criminal cases, pretrial release, or juvenile proceedings
- Similar orders from other states or tribal courts
Even out-of-state or tribal orders are enforceable in Indiana if they meet statutory criteria.
How Invasion of Privacy Violations Typically Happen in Indiana
Many invasion of privacy cases in Indiana involve attempts to reach out despite clear prohibitions. This can range from direct communications like calling or texting to indirect methods, such as asking family members or friends to deliver messages. Social media posts visible to the protected person or accidental encounters in public may also be examined, though intent plays a key role.
Indiana appellate decisions have clarified that incomplete indirect contacts—where a third party refuses to pass on a message—do not always result in a violation, as the communication must reach the protected individual to breach the order fully.
Elements the State Must Prove for Invasion of Privacy in Indiana
Prosecutors in Indiana must establish beyond a reasonable doubt:
- A valid protective or no-contact order was in effect
- The accused had actual knowledge of the order and its terms
- The violation was committed knowingly or intentionally
- Prohibited contact or behavior occurred
Actual notice is sufficient; formal service may not always be required if awareness is proven.
Penalties for Invasion of Privacy Charges in Indiana
A standard invasion of privacy charge in Indiana is a Class A misdemeanor, carrying potential penalties of up to one year in jail and fines up to $5,000. If the accused has a prior unrelated conviction for invasion of privacy or stalking, the offense elevates to a Level 6 felony, with sentencing ranging from six months to two and a half years in prison and fines up to $10,000.
Additional repercussions can include probation, counseling requirements, firearm restrictions, and impacts on child custody or professional licenses. In civil contempt related to protective orders, courts may impose coercive measures like suspended sentences, but purely punitive jail time without opportunity for compliance is often improper.
Factors Elevating Invasion of Privacy to a Felony in Indiana
- Prior unrelated convictions for invasion of privacy or stalking
- Repeated or escalating violations involving threats
- Use of technology or other means to harass
Defenses to Invasion of Privacy Allegations in Indiana
Effective defenses against invasion of privacy charges in Indiana often challenge the prosecution’s proof on key elements. Lack of actual knowledge of the order, accidental or non-intentional contact, or evidence that no prohibited communication was completed can undermine the case.
In cases involving third-party attempts, if the message was never delivered due to refusal, courts may find no violation occurred. Questioning the authenticity of alleged communications or the validity of the underlying order provides additional avenues.
Key Indiana Court Decisions on Invasion of Privacy
Indiana appellate courts have shaped the understanding of invasion of privacy through landmark rulings. In one case, a defendant under a protective order contacted a victim’s advocate with threats and a request to relay information; since the advocate refused to convey the message, the court reversed the conviction, holding that indirect contact must be completed to violate the order.
In a separate civil contempt matter, a court enforced a suspended sentence for repeated violations to encourage compliance but invalidated additional straight jail time, ruling it punitive rather than remedial without a purge mechanism.
Implications for Invasion of Privacy Cases in Indianapolis and Indiana
These precedents emphasize strict proof requirements for completed violations and proper remedies in protective order enforcement. In Indianapolis and across Indiana, they influence how prosecutors build cases and how courts assess evidence in invasion of privacy proceedings.
Protective Orders and Invasion of Privacy in Indianapolis Courts
In Indianapolis, invasion of privacy charges frequently arise from domestic disputes or criminal proceedings involving protective orders. Local courts handle these matters with attention to statutory details and appellate guidance, ensuring violations are substantiated.
Awareness of Indiana’s protective order system helps individuals comply and avoid unintended escalations in legal conflicts.
Contact My Office for a Free Consultation
If you have questions about Indiana’s Invasion of Privacy law, call me for a free consultation to discuss your case.
Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:
- Indianapolis, Indiana (for both Criminal Defense and Expungement)
- Noblesville, Carmel & Fishers, Hamilton County, Indiana (for both Criminal Defense and Expungement)
- Danville, Plainfield & Avon, Hendricks County, Indiana (for both Criminal Defense and Expungement)
- Franklin & Greenwood, Johnson County, Indiana (for both Criminal Defense and Expungement)
- Muncie, Delaware County, Indiana (for both Criminal Defense and Expungement)
- Bloomington, Monroe County, Indiana (for both Criminal Defense and Expungement)
- Anderson, Madison County, Indiana (for both Criminal Defense and Expungement)
- Lebanon & Zionsville, Boone County, Indiana (for both Criminal Defense and Expungement)
- Shelbyville, Shelby County, Indiana (for both Criminal Defense and Expungement)
- Martinsville, Mooresville & Morgantown, Morgan County, Indiana (for both Criminal Defense and Expungement)