Legal Question in Criminal Law in Indiana

Automatic No Contact Order in Domestic Battery

Recently, my husband was arrested for domestic battery on me. In Indiana, there is an automatic no contact order put in place, and as I understand it, could be in effect for at least 1 year.

I would like to know how we get this no contact order cancelled. How can my husband and I work on our problems if we are not allowed to even go to counseling together?

This is placing an extreme financial burden on me as I am now looking for a second job.

Seems to me this is in violation of our civil rights. How can the law inflict this penalty and get away with it? Neither my husband nor I would this order in place. (The police have also informed me that if I violate the ''no contact'' order I will also be placed in jail.)


Asked on 1/10/01, 8:08 am

1 Answer from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Automatic No Contact Order in Domestic Battery

Hello,

You can file a motion with the court to lift the order. However, since you were assaulted, I doubt the court would lift the order. The order is place to protect you. Anyone who would hit you needs to stay away. He will need years of counseling to even begin to stop that. There are lots of nice men who don't hit women or even yell at them. If I were you, I would cut my losses and get out now, find a safe place to live that you can afford and eventually maybe someone new will come into you life.

Best regards,

Michael Cortson

attorney at law

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Answered on 1/24/01, 8:33 am


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