To file a motion to lift a no-contact order in Indiana, you submit a written motion to the court that issued the order, serve a copy on the prosecuting attorney, and appear at a hearing where a judge decides whether conditions have changed enough to remove it. Indiana does not publish a single statewide form for this. A handful of counties provide their own packets for self-represented filers, but most expect you to draft the motion yourself or work with an attorney.
Who Can Ask the Court to Lift the Order
If you are the defendant, you or your attorney file the motion directly in the criminal case. If you already have a lawyer, coordinate with that lawyer before filing anything on your own; motions filed independently in a represented case cause procedural problems.
If you are the protected party, the path is less direct. A no-contact order in a criminal case belongs to the court, not to the victim, and the court is not required to dismiss it simply because the victim asks. You can contact the prosecuting attorney and ask that office to file a motion on your behalf, or write a letter to the judge explaining why you believe the order is no longer necessary. If the judge is receptive, the court will set a hearing. A judge may also ask a victim advocate to speak with you on the record to confirm you are not being coerced.1Indiana Judicial Branch. Protection Order Deskbook
The type of underlying order matters for how receptive the court will be. Pretrial no-contact orders attached to bail or personal recognizance are issued under Indiana Code 35-33-8-3.2 when the court finds by clear and convincing evidence that the defendant poses a risk of physical danger.2Indiana General Assembly. Indiana Code 35-33-8-3.2 Certain offenses, typically domestic violence charges, carry automatic no-contact orders under Indiana Code 35-33-8-3.6 that the court may reinstate or modify at the initial hearing.3Indiana General Assembly. Indiana Code 35-33-8-3.6 A no-contact order imposed as a condition of probation under Indiana Code 35-38-2-2.3 is the hardest to lift, because removing it typically requires a formal sentence modification, and some courts will not entertain the request until the sentence is complete.4Indiana General Assembly. Indiana Code 35-38-2-2.3
What Goes in the Motion
Check your county clerk’s office or website first to see whether a local packet exists. Clark County, for example, publishes a Request to Terminate No Contact Order packet with an appearance form, a verified motion, and a proposed order setting a hearing.5Indiana.gov. Request to Terminate No Contact Order Instruction and Forms Packet for Pro Se Movants If your county does not provide one, draft the motion yourself or use an attorney.
Whatever format you use, the motion should contain:
- The case caption (State of Indiana v. [Defendant Name]), the court name, and the cause number exactly as it appears on your charging documents or bond paperwork. Indiana uses a uniform case numbering system under Administrative Rule 8.6Indiana Judicial Branch. Indiana Administrative Rule 8 – Uniform Case Numbering System
- Your name, address, and whether you are the defendant or the protected party.
- A clear request for a hearing date. The court will not rule on the motion without one.5Indiana.gov. Request to Terminate No Contact Order Instruction and Forms Packet for Pro Se Movants
- Your reasons. Courts look for changed circumstances: resolution of the underlying conflict, the protected party’s wishes, completion of counseling or intervention programs, and evidence that contact no longer poses a safety risk. Some counties require proof that the protected party completed specific classes before the court will hear the motion.5Indiana.gov. Request to Terminate No Contact Order Instruction and Forms Packet for Pro Se Movants
- A verification signed under oath and penalty of perjury, if your county’s form requires one.
Clerks return incomplete filings without processing, so match every entry against the existing court record before you submit.
Filing and Serving the Prosecutor
You can file in person at the clerk’s office in the county where the case is pending. Bring the original motion plus at least two copies. The clerk date-stamps them and returns a file-stamped copy as your receipt.
Indiana also allows electronic filing through the Indiana E-Filing System. Self-represented filers can register for a Self-Represented Account on the e-filing portal and upload the motion as a searchable PDF.7eFile IN Courts. eFile IN Courts Production E-filing is available in most Indiana courts, though availability varies by court and case type.8Indiana Judicial Branch. Indiana Rules of Trial Procedure – Rule 86
The prosecuting attorney is a party and must receive notice. Indiana Trial Rule 5 requires that every pleading filed after the original complaint be served on each party.9Indiana Rules of Trial Procedure. Indiana Rules of Trial Procedure Rule 5 You can serve the prosecutor by hand delivery to the office, by U.S. mail with prepaid postage (service is complete upon mailing), or by electronic service if the prosecutor’s office has consented to a method approved by the Indiana Office of Judicial Administration. Electronic service is complete upon transmission, except that service after 5:00 p.m. local time or on a weekend or holiday counts as served the next business day.10Indiana Rules of Trial Procedure. Indiana Rules of Trial Procedure Rule 5
Attach a certificate of service at the end of the motion listing who you served, the date, and the method. Trial Rule 5 requires the certificate to be at the end of the document, not filed separately.9Indiana Rules of Trial Procedure. Indiana Rules of Trial Procedure Rule 5 The court will not act on your motion until it sees proof that the prosecutor was notified.
What Happens at the Hearing
Once the motion and certificate of service are on file, the court schedules a hearing. Indiana sets no statutory deadline for how quickly that must happen, so timing depends on the court’s calendar. In busy jurisdictions, expect several weeks.
The judge reviews the motion and any response the prosecutor files. The prosecutor may object, particularly if the underlying charges are still pending or if there are safety concerns. The judge weighs whether circumstances have changed enough since the order was issued. Factors that typically matter include whether the protected party supports lifting the order, whether the defendant has completed court-ordered treatment or classes, and whether any ongoing risk of harm remains. The court may also speak with a victim advocate on the record to confirm the protected party’s request is voluntary.1Indiana Judicial Branch. Protection Order Deskbook
If the judge grants the motion, the court signs an order vacating the no-contact order or, in some cases, modifying it to allow limited contact. If the judge denies it, the order stays in place and you can try again later if circumstances change further.
After the Order Is Lifted
The signed order goes to the clerk, who records the decision in the Chronological Case Summary, the court’s official record of judicial events in a case.11Indiana Judicial Branch. Court and Clerk Records Access and Maintenance – The Chronological Case Summary and the Record of Judgments and Orders
No-contact orders issued under IC 35-33-8-3.2 and IC 35-38-2-2.3 are entered into the Indiana Data and Communication System so that law enforcement can verify them in real time.12Justia. Indiana Code Title 34, Article 26, Chapter 5 – Indiana Civil Protection Order Act When the court lifts the order, the clerk updates the registry. Get a file-stamped copy of the signed order and keep it on you until you are confident the update has gone through. If an officer stops you and the old order still shows in the system, a paper copy of the new order can resolve the situation on the spot.
Do Not Contact the Protected Party While the Motion Is Pending
This is where people wreck their own case. Filing the motion does not suspend the order. Every term stays fully enforceable until the judge signs a new order removing it. Any direct or indirect contact, including a text, a phone call, a message relayed through a friend, or showing up at the person’s workplace, violates the order and exposes you to a new criminal charge.
Under Indiana Code 35-46-1-15.1, knowingly or intentionally violating a no-contact order issued as a condition of pretrial release or probation is invasion of privacy, a Class A misdemeanor punishable by up to one year in jail. With a prior unrelated conviction for invasion of privacy or stalking, the charge becomes a Level 6 felony.13Indiana General Assembly. Indiana Code 35-46-1-15.1 – Invasion of Privacy; Offense; Penalties Beyond the new charge, a violation will almost certainly convince the judge that lifting the original order is a bad idea. Wait for the judge’s signature.