(1) At the time of sentencing an offender convicted of a violation of s. 794.011, s. 800.04, s. 847.0135 (5), or any offense in s. 775.084 (1) (b)1.a.-o., the court shall order that the offender be prohibited from having any contact with the victim, directly or indirectly, including through a third person, for the duration of the sentence imposed. No Contact means that there can be no contact at all between the two parties. See Florida Statutes 1.01. Domestic Violence. Confidential or time-sensitive information should not be sent through this form. Helpful Resources: Sexual Assault Services at Suncoast Center Sexual Assault Helpline (727) 530-7273 Generally speaking, in most circumstances, a defendant will automatically be given a no-contact order in a misdemeanor or a felony domestic violence case. 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. There is a famous case in Florida where someone was under a no-contact order and very unhappy about it. The most common example of this is where the defendant uses a friend or family member to send a message to the alleged victim on the defendants behalf. Permanent No-Contact Orders are also known as protective injunctions. Protective injunctions are issued by a judge and are enforceable by law enforcement. 741.31 Violation of an injunction for protection against domestic violence.. To find the crisis center you should call, look up your county courthouse's website. The no-contact order continues even after the defendant's conviction and subsequent release from custody if it is made a condition of sentencing. I am not working on this case, I am just here to escort the defendant.. How to Lift a No-Contact Order in FloridaThere are two basic ways to lift a no-contact order in Florida but only one of them would I consider correct. Violating a No Contact Order Unless otherwise specified by the court, a no contact order in the state of Florida means that a defendant is to have no interaction- either direct or indirect- with the alleged victim. If the "motion to modify conditions of release" is granted, you will be allowed to once again have lawful contact with the alleged victim. For more information on Lifting A No-Contact Order In Florida, a free initial consultation is your next best step. Nevertheless, it is important to understand so that one does not violate a no-contact order accidentally. Book A Call Now. For example, if the complainant shows up on the defendants doorstep and the defendant opens the door and the complainant starts talking, then that is a scenario where if it came to a court hearing on the issue of whether bond conditions were violated, the defense would certainly have a strong argument. If you reside in the same home as the alleged victim, it is important to move out, even temporarily, in order to be in compliance with the no-contact order. Tempe Louis, of Clearwater, Florida, pauses to observe a memorial on the side of the Circle A Food Store where Markeis McGlockton was shot to death. A no-contact order issued after a domestic violence charge has two parts - a no-contact part and a no-abuse part. Violation of a restraining order may result in additional restrictions, punishment for contempt of court, or, in some cases, criminal charges. 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. We call that a Change in Bond Conditions from no contact to no violent contact, thus permitting the defendant and the complainant to communicate, or even reside together. Understanding how to navigate the criminal justice system on top of attempting to refrain from contacting a member of your household can be difficult. Call us at 561-721-0552 or fill out the form below to speak to one of our team members. Check your website SEO authority score instantly here. The abuser may be able to have contact with you if: There are specific stipulations that must be adhered to in a No-Contact Order. Get VIP SEO services to grow your business! In sum, the other party can neither drop charges nor lift a no-contact order. If you take the wrong approach the defendants case could be made significantly worse and may even end in a no-contact order violation. All rights reserved. 2 If you are seeking to lift or modify a no contact order in Jacksonville, Duval County, Clay County, or Nassau County Florida, contact Hussein & Webber, PL for a free consultation. This makes it much more difficult to get the no-contact order lifted with this method. To prevent interference with a criminal investigation. Because many cases involving no contact orders are between spouses, some of whom have children, they may want the order lifted. Indirect contact is also prohibited under a Florida no contact order. 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. If you have been the victim of domestic violence, one of the most important things you can do is to obtain a no-contact order. 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. A Tampa domestic violence defense attorney with The Rickman Law Firm can help. Violating a no contact order is a serious offense in Florida. Our clients retain us to make sure their rights are protected. 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. 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. Conclusion. 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. If the case is still in the pretrial stage, the defendants bond can be revoked and the defendant put back in jail. Broadly speaking, the motion will state that: Upon filing the Motion a hearing will be held where the judge will decide whether to lift or modify the no contact order. Its imperative that the accused does not contact the victim until the court has confirmed the no contact order has been lifted. Skip to Navigation | Skip to Main Content | Skip to Site Map. It can cause an undue hardship on the household finances. A judge who revises the no contact order to a no hostile or no violent contact presumably does so at the request of the victim. A clinician will speak to you on the phone. from contacting you. They may want to request a modification or lift of the no contact order in order to begin reconciling their relationship. Police in Florida issued arrest warrants for over 100 members of a suspected drug gang on Wednesday. This includes communication in person, by phone, through social media, or even by text message. This is very importantbecause if the bond is revoked due to inappropriate contact, there are many judges who will not release the defendant until the case has been resolved. 26.50.135, Residential placement or custody of a childPrerequisite. It may even be considered a violation if defendant gesture their hand towards, touches or in the same area as the alleged victim. have years of experience handling these types of cases and can help you protect your rights. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. COMES NOW the Defendant, pro se and moves this Court to Modify the Order of No-Contact issued in There are different types of No-Contact Orders that can be issued by a judge, depending on the specific situation. Getting the order modified is . This could result in a violation even if the victim agreed to the contact. You can also call the State Attorney's Office (DOVE Unit) at 355-7433. The state prosecutes this crime very harshly, with penalties and consequences that can last a lifetime. All rights reserved. Because of the perceived severity of the situation, domestic violence injunctions usually require no contact between the alleged victim and alleged abuser. Florida courts often issue a no-contact order in cases involving violence. Our client was then arrested and charged with domestic violence and a no-contact order was set in place. But do you know what they are? The offense carried with it a mandatory prison sentence of three years. No content on this site may be reused in any fashion without written permission from www.schwartz-white.com. Instead, the defendant is subject to punishment for violating a no contact order. No Contact Orders in Florida: Understanding the Basics of Florida Law, Penalties for Violating a No Contact Order, Do Not Resume Contact Without a Court Order, Let an Experienced Lawyer Help You with a No Contat Order, Orlando Aggravated Battery Defense Attorneys. Our attorneys at the. The restraining order prohibits the defendant from initiating direct or indirect contact with an alleged victim. To protect a victim of stalking from further harm. If allowed to do so during the trial, this can bias jurors. No Violent Contact means that the two people can communicate but if there is ever any violence, the party who has the injunction against him/her can be arrested for Violating the Injunction. 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. This is especially true in domestic violence cases, where the defendant and the alleged victim may have children together, may depend on one another for financial and personal support, and wish to reconcile their relationship. If you are issued a final no-contact order, the respondent will have prohibited acts from contacting you. 26.50. rescind a No Contact Order. 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. The information on this website is for general information purposes only. can work with you to try and clear your name. Website Design by Juris Digital. party . Chapter 26.50 RCW: DOMESTIC VIOLENCE PREVENTION 26.50.130, Order for protectionModification or terminationServiceTransmittal. However, this subparagraph does not prohibit an attorney for the defendant, consistent with rules regulating The Florida Bar, from communicating with any person protected by the no contact order for lawful purposes. Athens, GA 30605 In any event, presuming you are a resident, you can file for a restraining order (also called an injunction) without using an attorney. The Law Office of Efren Y. Arocho, PLLC in Fort Myers, Ovadia Law Group, PA in Boca Raton, FL 33431, Law Offices of Michael M Raheb PA Criminal Lawyers in Punta Gorda, FL 33950, The Law Office of Efren Y. Arocho, PLLC in Fort Myers, FL 33901. If you are facing domestic violence charges, call the defense attorneys at Goldman Wetzel in St. Petersburg to discuss your case and learn more about how to lift a no-contact order: 727-828-3900. 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