Invasion of Privacy:
WHAT IS INVASION OF PRIVACY:
Charges for invasion of privacy allege that a person violated a protective order, restraining order, or no contact order. Invasion of privacy charges often arise after a no contact order is issued following a domestic dispute, during a pending divorce or custody fight, or after an alleged battery or workplace termination. IC 35-46-1-15.1
DEFENDING AN INVASION OF PRIVACY CASE:
To convict someone of invasion of privacy, the State must first prove that the defendant knew about the no contact order. An ex parte protective order is one that is granted without the person being present at a hearing. If you are accused of violating an ex parte order, the State must prove beyond a reasonable doubt that you were on notice of the protective order. If the protective order had not been formally served and you did not have actual notice of the order at the time of the alleged communication, you may have a viable defense.
Many invasion of privacy charges are based on alleged text messages or e-mails being sent to the protected party. Other charges result after a chance encounter where the accused person has no intention of violating the order. Our criminal defense attorneys will aggressively defend you in these situations.
WHAT YOU FACE:
Any person who has committed an invasion of privacy could be possibly looking at a Class A Misdemeanor. 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.
Having Invasions of Privacy charges filed against you can be a little unique. In many cases the filing of new Invasion of Privacy charges may trigger a filing of a probation violation if the violation is of a No Contact Order entered in a prior cases sentencing order. In this case one may find themselves with a warrant in one or more cases that would need addressed.
Contact Legal Representation:
If you are charged with invasion of privacy, you need a criminal defense lawyer who will aggressively attack the evidence in your case. We have assisted numerous clients in Kosciusko, Wabash and several other counties. Give us a call or use our contact us form for a consultation today!