no violent contact order florida

However, in my experience with judges all throughout Florida, they take the position that if the defendant is walking through a local grocery store and happens to come upon the complainant and the complainant tries to initiate conversation, the defendants duty is not to use that as an opportunity to lawfully communicate but instead must turn around and walk away. Under Florida law, a no contact order is a type of injunction or restraining order imposed by a court as a condition of a defendants pretrial release. There is a separate department at the Duval County Courthouse that will screen the facts to determine if you have the basis for an injunction and, if you do, will help you fill out the paperwork. The purpose of an NCO is to protect the victim from further harm by prohibiting the offender from having any contact with the victim. A "no contact" condition can also be ordered by the court as a condition of probation or in an injunction for protection from domestic violence, stalking, repeat violence or sexual violence. The reason I call the complainant either the complainant or the complaining witness is because the state uses the word victim repetitively to bias the judge. This includes in-person contact via telephone, mail, email, or other means. ). For example, asking your brother to ask his wife to speak to the complainant and to communicate a message is a classic example of indirect contact, which can result in a bond revocation without even a hearing. From there, the defense counsel can take care of getting a no-contact order lifted, or otherwise modify it. Sometimes couples are anxious to work out their differences and reconcile before the court has ruled. Disclaimer: The information on this system is unverified. An example of direct contact is to go to the residence of the complaining witness, knock on the door, and to speak with them. If the court issues an order of no contact, refrain from any contact of any type with the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure. Instead, the defendant is subject to punishment for violating a no contact order. No Contact means that there can be no contact at all between the two parties. There are two basic ways to lift a no-contact order in Florida but only one of them would I consider correct. can work with you to try and clear your name. An injunction, more commonly known as a restraining order, is a legal document that stops a person from coming within a certain distance from you (First Judicial Court of Florida, 2011). Over the past 16 years, the firm has attracted the finest attorneys in the community, a fact of which Ms. Perlet is Charges of domestic violence are very serious, and if a victim believes they are in danger, Florida law gives them the right to petition for a temporary injunction that limits the alleged abusers right to contact them. The prohibition also includes contact made via social media like Facebook or Instagram, as well as indirect contact (such as having a mutual friend contact the alleged victim). It is possible for a court to lift, or change, a no contact order in order to help prevent or alleviate hardship caused to both the victim and the accused. But it is important to remember that until all no contact orders have been lifted, the defendant remains in danger of being charged with new crimes if the parties have contact. Additionally, when we have it in writing we can also approach the state to do it by stipulation. In addition, you must not ask anyone to make contact on your behalf. In Florida, someone who makes contact unintentionally may get off the proverbial hook, but intent to violate the order will result in your being charged with a first-degree misdemeanor, which carries up to a year in jail and assorted fines and costs. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. If you are a victim of violence, or if you have reason to believe you will become a victim, consider reporting it to the police and asking the court for an injunction. The Florida legal system can help you stop abuse and protect you from violence. How to Get a Restraining Order in Florida The Client was arrested for DUI in Pasco County after law enforcement located the Client shortly after being involved in a hit and run crash and the Client appeared intoxicated. The best thing to do when someone has a criminal case with the no-contact order is to allow their legal team and defense counsel to try and change the conditions of bond, from no contact to contact that is not violent. The first thing we do is try to get the complaining witness to make a written request that is notarized as to why they want to have contact with the defendant. One of the things that we frequently hear is that complaining witnesses are told to go down to the State Attorneys office without legal counsel and ask to speak to the prosecutor who will be able to make the no-contact order disappear. This law firm website is managed by MileMark Media. As a condition of pretrial release, whether such release is by surety bail bond or recognizance bond or in some other form, the defendant must: Refrain from criminal activity of any kind. We have found it to be the most highly effective method of communicating a request to drop charges to the Office of the State Attorney while preventing all of the downsides of having an unrepresented person just wander into the State Attorneys Office and get manipulated by the system. Even if you share a marital home with your alleged victim or co-parent children together, you may not contact the victim for any reason until the domestic violence injunction expires; you may even be asked to temporarily vacate the marital home. A person who violates the no contact order with the intent of coercing the victim, or any other witnesses, into dropping the charges or lifting the order could be charged with witness tampering as well. For instance, when a defendant is first arrested and charged with a domestic battery, the judge will initially order the defendant to have no contact with the victim. No Contact Orders in Florida. 2 The Assistant State Attorney prosecuting the defendant, in that case, filed a motion with the judge to revoke bond. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 921.15. Its reasonable to argue that a defendant should be released on bond for a domestic violence offense and that since the complaining witness desires to have contact with the defendant, then the court should allow all contact that is non-violent. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. Athens, GA 30605 Violence Against Women Act, 18 U.S.C. The complaining witness was present, and the complainant was willing to offer testimony at first appearance that he or she wished to have contact with the defendant. The offense carried with it a mandatory prison sentence of three years. 2008-172; s. 1, ch. In some cases, however, a judge may choose to extend or make a No-Contact Order permanent. While they are in jail, they may be served with additional papers indicating that they have additional charges for violating that no-contact order. This makes it much more difficult to get the no-contact order lifted with this method. The petition must allege that you are a victim of one of these crimes and that you have reasonable cause to believe that you are in imminent danger of becoming a victim of further violence. If you take the wrong approach the defendants case could be made significantly worse and may even end in a no-contact order violation. When the defendant goes to their first appearance and has legal counsel ask for reinstatement of the bond, the request is almost always denied. Typically, the hearing will consist of testimony from the alleged victim, a brief cross examination by the prosecutor, and short oral argument by the attorneys. A no contact or is a type of restraining order that a court uses before a defendant has a trial. 2018 - 2023 Perlet & Shiner, P.A. 9. Domestic Battery carries severe penalties beyond those imposed in a conventional battery. A clinician will speak to you on the phone. In the case of a felony, a violation of a no-contact order can result in many months of incarceration prior to the conclusion of the criminal case. The alleged victim of domestic violence files a petition with the relevant court stating that they fear future violence and are seeking court protection in order to minimize that risk. If the defendant violates the no contact order, they can be charged with a first-degree misdemeanor. . Do not rely on this site to determine factual criminal. A violation of a no contact order is a first degree misdemeanor. Our clients retain us to make sure their rights are protected. To protect a victim of sexual violence from further harm. An order of no contact is effective immediately and enforceable for the duration of the pretrial release or until it is modified by the court. The accused could be subjected to a charge for a for each instance of contact in violation of the order. If you are seeking to modify or lift a no contact order then contact Moses & Rooth. Violating a No Contact Order is a serious crime, and prosecutors treat . Upon motion by the defendant when bail is set, or upon later motion properly noticed pursuant to law, the court may modify the condition required by paragraph (1)(b) if good cause is shown and the interests of justice so require. Nevertheless, the court ruled otherwise; the person was found in violation of the contact order, and their bond was revoked. It is also NOT a defense that the alleged victim contacted the defendant first. Being charged in a domestic violence case can create confusion when navigating the rules and the court system. This can take many defendants by surprise, though it is important to abide by the ruling. A restraining order is typically obtained in connection with a trial or by a direct request to the court. The violation of a no contact order is a crime. For more information on how we can help your unique case, please contact our Tampa based criminal defense law firm at 813-280-1244 . When a person is issued a no-contact order, there are stipulations that must be followed. In some instances, if you are in the same room as the victim and even gesture toward them, you may be in violation of a no-contact order. Hanlon Law [5] The judge typically will be much more likely to drop the no-contact order if you want to maintain the no-abuse portion of the order. The state always calls the complaining witness a victim. When there are multiple violations of a restraining order, a defendant could face years in jail. If charges are pending against your spouse, significant other, or ex, you need to protect yourself by allowing the no contact order to stand until the case has been resolved. The courts in Florida often issue a no contact order in a criminal matter that involves domestic violence, assault, battery, or any other crime where the court is concerned a victim may be threatened or at risk for continued violence. No Contact Order After an arrest for domestic violence, the person accused of the crime will be held in jail without the ability to post bond until the first appearance in front of the judge. 2016-204. Depending on the case, the penalty for violating a no-contact order can include additional criminal charges. The violator will be held in contempt of court and can be charged with a misdemeanor or a felony. If the case is still in the pretrial stage, the defendants bond can be revoked and the defendant put back in jail. It is also possible that the defendant can face additional criminal charges for violating the judge's pretrial order. Website Design by Juris Digital. The information on this website is for general information purposes only. If the defendant contacts the victim, either directly (such as by calling or texting the victim) or indirectly (for instance, by sending messages through a friend or through a family member) the defendant can face additional criminal charges for violating the terms and conditions of the judges pretrial release order. At the time of sentencing an offender convicted of a violation of s. Any offender who violates a court order issued under this section commits a felony of the third degree, punishable as provided in s. The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. s. 2, ch. The state prosecutes this crime very harshly, with penalties and consequences that can last a lifetime. COMES NOW the Defendant, pro se and moves this Court to Modify the Order of No-Contact issued in In Florida, domestic violence charges are taken very seriously in fact, domestic violence charges will not be sealed or expunged from your record unless you are acquitted. The premise is to keep the defendant from initiating any contact, direct or indirect, with the victim. Nothing on this site should be taken as legal advice for any individual case or situation. The court imposed the no contact order and violating the court order, even as a path to reconciliation, may result in serious consequences. If a person violates a no contact order their bond may be revoked and they may be required to await their trial or resolution of the case while in jail. The only way to lift a no-contact order is by a written or oral pronouncement, in the form of an order of the court by the trial judge with jurisdiction over the case. We can go over the details of your cases and help you develop the best strategy for lifting or modifying a restraining order. Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. If the court allowed contact, you may have permission to make contact with the alleged victim in the case. Being within 500 feet of the victims or other named persons residence, even if the defendant and the victim or other named person share the residence. If you are facing charges for a domestic battery, please visit our Domestic Battery page where we discuss various strategies and defenses our attorneys use in defending domestic charges. Since it was the court that imposed the no contact as a condition of the defendants pretrial release in the first place, a defendant or alleged victim must seek courts permission before resuming any form of contact. We will also help you understand any court orders so that you can remain in compliance throughout the process. Get the information and legal answers you are seeking by calling (850) 669-5882today. Tarpon Springs, FL 34689 If I don't want a No Contact Order, why should a Judge be allowed to put one in place? If we have a contested hearing, I need the complaining witness to be able to say, I dont know who he is when asked what did Mr. Cobb tell you to say in court today. If I dont have contact with the complaining witness, then the complaining witness can truthfully say that they have never met me, spoken with me, or been influenced for testimony in anyway. There are several reasons why a No-Contact Order may be issued. When people get there and try to lift contact orders, they start making them jump through hoops. Possession With Intent To Sell, Manufacture or Deliver, Introduction Of Contraband Into Detention Facility, Violation Of A Restricted Drivers License, Giving False Information To Law Enforcement, Improper Exhibition of a Firearm or Weapon. In the latter, that will result in bond conditions being violated, and a no bond warrant being issued. You can get information about your domestic violence-related criminal case by calling Domestic Violence Case Management Unit at (561) 355-6316. The purpose of an NCO is to protect the victim from further harm by prohibiting the offender from having any contact with the victim. 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