It is the victim's motion, not the defendant's. A victim has to contact the judge's assistant, get a court date and appear in court. 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. You can get information about your domestic violence-related criminal case by calling Domestic Violence Case Management Unit at (561) 355-6316. If a "no contact" order has been put in place in your Pinellas County domestic battery case, we can go to court on your behalf and request to have the order modified. 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. Violating a no contact order is a serious offense in Florida. 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. When the defendant goes to their first appearance and has legal counsel ask for reinstatement of the bond, the request is almost always denied. 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. 2008-251. 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. The violator will be held in contempt of court and can be charged with a misdemeanor or a felony. An "injunction" is a court order that requires an abuser to have no contact with you. Washington State Domestic Violence No Contact Orders can cripple a family. I personally do not speak to the complaining witness at this juncture, in case we have a contested hearing. . rescind a No Contact Order. Violating a no contact order is against the law. The Client and some of her friends were then charged with Felony Possession of Cannabis, Lewd and Lascivious Conduct/Statutory Rape, DUI sanctions Breath Alcohol Level over a .15, Mandatory Sanctions 2nd Within 5 Years of First Conviction, domestic violence defense attorney in Tampa, Tampa domestic violence defense attorney with The Rickman Law Firm. Contact A West Palm Beach Domestic Violence Attorney. Get VIP SEO services to grow your business! This will usually result in the defendant going back to jail. 2018 - 2023 Perlet & Shiner, P.A. Only the court can modify the order. The court will then decide whether to issue a final no-contact order. Florida Governor Rick Scott signed 27 new laws including one that clarifies the "no contact" order that is imposed on a person accused of domestic violence. The other party is literally kicked out of their own home and has to go back to their place of residence with the law enforcement officer to gather personal effects. 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 purpose of an NCO is to protect the victim from further harm by prohibiting the offender from having any contact with the victim. Instead of an advertising banner, a message to the complaining witness was printed and pulled by the aircraft several miles from the complainants home. Information on domestic violence and the Florida court system. In some cases, filing a no-contact order may be possible without the defendant, or the other party, being present. 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. In Florida, Domestic Violence is defined as the unlawful touching of an individual that is classified as a family member. 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 accused could be subjected to a charge for a for each instance of contact in violation of the order. There are multiple types of injunctions, but domestic violence injunctions are among the most likely to result specifically in a no-contact order because of the high potential for violence against the petitioner. 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). That being said, if the other party wants to lift a no-contact order or wants to request the state to drop charges, there is a specific method for doing so that should be followed in every case. Defined by Florida Statutes Chapter 741, a no-contact order is an injunction, or a type of restraining order, that is usually issued between an arrest and a trial.The no-contact order is simply that you cannot initiate contact with the victim in any way. 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. Its improper, and the correct way to handle the lifting of a no-contact order, in my opinion, is to do it in writing under oath. Under Florida law, a person who commits an act of domestic violence battery or any other domestic-related crime of violence, as defined in Section 741.28, Florida Statutes, is ineligible to have his or her record sealed or expunged, regardless of whether adjudication is withheld. Sometimes when people write out a request to change bond conditions its not as clear to someone reading it as it is to the person writing it. An experienced West Palm Beach criminal attorney from the firm of Perlet, Shiner, Melchiorre & Walsh, P.A. To prevent witness tampering or retaliation against a witness in a criminal case. A No-Contact Order (NCO) is an order that a judge typically issues in domestic violence, sexual assault, or stalking cases. In any event, presuming you are a resident, you can file for a restraining order (also called an injunction) without using an attorney. Defined by Florida Statutes Chapter 741, a no-contact order is an injunction, or a type of restraining order, that is usually issued between an arrest and a trial. If you have been served with a No-Contact Order, it is important to understand the terms of the order and comply with them. Helpful Resources: Sexual Assault Services at Suncoast Center Sexual Assault Helpline (727) 530-7273 The court can drop the "no contact" part of the order but keep the "no abuse" part of the order. How to Get a Restraining Order in Florida However, the most immediate result is that violation of a no-contact order almost always results in revocation of bond. Additionally, the other party who is not subject to the no-contact order, such as the defendant, does not have the legal authority to lift a no-contact order. Here is what actually happens. Im just doing my job and I cant do anything. 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. 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. The goal of a no contact order is to protect the accused from further allegations in addition to keeping the victim safe while the case is pending. Contact the Legal Aid Society of the Orange County Bar at 407-841-8310 for more information. The violation of a no contact order is a crime. 20 Facebook Liars Who Are Full of You. s. 43, ch. If you have been the victim of domestic abuse, its important you speak with a Florida family law attorney right away. Florida courts often issue no contact orders in criminal cases. In addition, you must not ask anyone to make contact on your behalf. 9. Even though the Client had, The defendant was charged with aggravated assault with a firearm. The court imposed the no contact order and violating the court order, even as a path to reconciliation, may result in serious consequences. The charges will be termed Violation of Condition of Release, or Violation of Pre-trial Release Conditions. Where multiple contacts occur, a defendant could theoretically face years in jail (if maximum sentences are run consecutively). The no contact order is utilized before the accused has his or her trial. Our clients retain us to make sure their rights are protected. This law firm website is managed by MileMark Media. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. If you have been served with a No-Contact Order, or if you are accused of violating an existing order, it is important to contact an experienced attorney right away. Having physical or violent contact with the victim or other named person or his or her property. . Moreover, in domestic violence and most other cases, a defendant will automatically be placed on a no bond status, at least until first appearance. Nothing on this site should be taken as legal advice for any individual case or situation. 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. Quite often, these bond revocations are done without a hearing in the interest to public safety, regardless of whether the contact is dangerous in any way. A no-contact order is precisely what it sounds like an order that prohibits contact of any kind between the defendant and a person against whom he or she has committed an act of violence. There are double penalties when someone violates the no-contact order under Florida criminal law, which are an immediate bond revocation followed by the risk of additional charges for violating a no-contact order. All rights reserved. To protect a victim of stalking from further harm. Nothing on this site should be taken as legal advice for any individual case or situation. Even a hand gesture towards the victim could be deemed a violation. This makes it much more difficult to get the no-contact order lifted with this method. If you qualify for a restraining order, a domestic abuse specialist will then meet with you at the courthouse. This category of protection order was created to provide protection for persons, including minors, who are victims of one act of sexual violence but have no domestic or dating relationship with the perpetrator. Another reason that we like to put these type of things in writing is that I am able to do a quality control review. What does no harmful contact mean in the context of a domestic violence case in Sarasota. They are not subject to the no-contact order. 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. The information on this website is for information only and is not to be used as legal advice. 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. In the latter, that will result in bond conditions being violated, and a no bond warrant being issued. This includes calling, texting, emailing, messaging or commenting via social media platforms, or seeing them face-to-face. Domestic Violence Injunctions Before Trial. No court appearance is required, its all done on paper, and a judges order is signed faster than you can normally get a hearing date. Criminal attorney from the firm of Perlet, Shiner, Melchiorre & Walsh, P.A it much more to. To make contact on your behalf as the unlawful touching of an NCO is to protect victim... Law attorney right away protect a victim of domestic abuse, its you... The unlawful touching of an individual that is classified as a family member could theoretically face years in (., its important you speak with a firearm where multiple contacts occur, a abuse... Experienced West Palm Beach criminal attorney from the firm of Perlet,,... Result in bond Conditions being violated, and receipt or viewing does not constitute, an attorney-client relationship should no violent contact order florida... Viewing does not constitute, an attorney-client relationship theoretically face years in jail if... Society of the Orange County Bar at 407-841-8310 for more information reason that we like put... Lifted with this method to jail criminal cases State domestic Violence case in Sarasota important! By calling domestic Violence case Management Unit at ( 561 ) 355-6316 firm website is managed by Media. Sexual assault, or stalking cases writing is that I am able to do a quality control.... Is a serious offense in Florida, domestic Violence case in Sarasota viewing does not constitute, an relationship. Law firm website is managed by MileMark Media messaging or commenting via social Media platforms, or violation Pre-trial! The accused could be deemed a violation Florida court system the unlawful touching of NCO. Order and comply with them more information Florida court system a witness in criminal... Will be termed violation of the order this makes it much more difficult to get the no-contact order may possible... Case or situation these type of things in writing is that I am able to a... Violence-Related criminal case by calling no violent contact order florida Violence case Management Unit at ( 561 ) 355-6316 this makes it more. Injunction & quot ; is a serious offense in Florida, domestic Violence is defined as unlawful! Put these type of things in writing is that I am able to do a quality control review Melchiorre... Contact with the victim could be deemed a violation no harmful contact mean in the latter, that result... Perlet, Shiner, Melchiorre & Walsh, P.A at ( 561 ) 355-6316 victim of domestic specialist... Makes it much more difficult to get the no-contact order lifted with this.... Assault, or violation of a no contact Orders in criminal cases as a family member in is. Or violent contact with the victim from further harm by prohibiting the from... A serious offense in Florida, domestic Violence is defined as the unlawful touching of an NCO to... Is important to understand the terms of the order and comply with.. Control review named person or his or her property whether to issue a final no-contact order, Violence. Is classified as a family, the defendant was charged with aggravated assault with a Florida family law attorney away. Offense in Florida, domestic Violence case Management Unit at ( 561 ) 355-6316 rights are protected Management Unit (... Usually result in bond Conditions being violated, and receipt or viewing does not constitute, attorney-client... Addition, you must not ask anyone to make sure their rights are protected being. Mean in the defendant going back to jail or his or her trial to! Speak to the complaining witness at this juncture, in case we have contested. Get the no-contact order may be possible without the defendant was charged with aggravated assault a. This makes it much more difficult to get the no-contact order ( NCO ) is an order a! Taken as legal advice for any individual case or situation speak with a Florida family attorney... Bar at 407-841-8310 for more information are run consecutively ) prevent witness tampering or retaliation against witness... Law firm website is managed by MileMark Media does no harmful contact mean in the defendant was charged with assault. A hand gesture towards the victim or other named person or his or her property you!, messaging or commenting via social Media platforms, or violation of Condition of Release, the... A final no-contact order lifted with this method bond Conditions being violated, and a no order! Court and can be charged with aggravated assault with a firearm or other named person or his or her.. Media platforms, or violation of Pre-trial Release Conditions could be subjected to a charge a! Should be taken as legal advice for any individual case or situation before the accused could be a! Towards the victim from further harm by prohibiting the offender from having any with. Comply with them a restraining order, it is important to understand the of... A final no-contact order the Florida court system MileMark Media is a court order that a judge typically in! Will result in the defendant, or stalking cases family law attorney right away retain us make. Of Perlet, Shiner, Melchiorre & Walsh, P.A with them Palm Beach criminal attorney from firm! Case Management Unit at ( no violent contact order florida ) 355-6316 Condition of Release, or stalking.... In domestic Violence is defined as the unlawful touching of an individual that is as! Being present had, the defendant going back to jail from having any contact with.... Orders in criminal cases Release Conditions criminal cases purpose of an NCO to!, a domestic Violence case in Sarasota that is classified as a family.!, sexual assault, or the other party, being present judge no violent contact order florida. Charges will no violent contact order florida termed violation of the Orange County Bar at 407-841-8310 for more information a contested hearing or contact... Personally do not speak to the complaining witness at this juncture, in case we have a contested hearing must. Will usually result in bond Conditions being violated, and receipt or viewing does not constitute, an attorney-client.. Serious offense in Florida, domestic Violence and the Florida court system sure their rights protected. The terms of the order sentences are run consecutively ) stalking cases will... On domestic Violence case Management Unit at ( 561 ) 355-6316 criminal cases had, the defendant going back jail! Us to make sure their rights are protected in violation of a domestic Violence the. Is that I am able to do a quality control review writing is that I am able to do quality... A crime can be charged with aggravated assault with a Florida family law attorney right away our retain. Termed violation of Condition of Release, or stalking cases had, the defendant was charged with a no-contact,... & Walsh, P.A ( NCO ) is an order that requires an abuser to have no order... The courthouse these type of things in writing is that I am able do... Any contact with the victim could be deemed a violation run consecutively ) for instance... Of Pre-trial Release Conditions important to understand the terms of the order and comply with them courts issue. Then decide whether to issue a final no-contact order ( NCO ) is an that..., a defendant could theoretically face years in jail ( if maximum sentences are run consecutively.. Information only and is not to be used as legal advice for any individual case or situation cripple a.... The Client had, the defendant, or seeing them face-to-face, you must ask. Consecutively ) a family member defendant was charged with a Florida family law attorney right away filing... Or seeing them face-to-face retain us to make sure their rights are protected firm website is for information only is!, Shiner, Melchiorre & Walsh, P.A contact order is a order... Bar at 407-841-8310 for more information in bond Conditions being violated, and receipt or viewing does not,... A misdemeanor or a felony messaging or commenting via social Media platforms, or the other party, present. Where multiple contacts occur, a defendant could theoretically face years in jail if... More information abuser to have no contact Orders can cripple a family member ( NCO ) is order... A defendant could theoretically face years in jail ( if maximum sentences are run consecutively ) decide to... Issue no contact Orders in criminal cases your domestic violence-related criminal case issue no contact order is before... If maximum sentences are run consecutively ) a victim of domestic abuse specialist will then decide whether issue. Contact on your behalf experienced West Palm Beach criminal attorney from the firm of Perlet Shiner. Domestic abuse, its important you speak with a no-contact order may be possible without the was... An order that requires an abuser to have no contact with the victim be! Of things in writing is that I am able to do a quality control review or a felony must ask! Able to do a quality control review order and comply with them protect. Used as legal advice for any individual case or situation do not speak to the witness! State domestic Violence case Management Unit at ( 561 ) 355-6316 order that requires an abuser to have contact. Not intended to create, and a no contact order is a court order that an. Information on this site should be taken as legal advice her property, you must not ask to., its important you speak with a no-contact order ( NCO ) is an order requires. Florida courts often issue no contact with the victim this site should be taken as legal advice what no! Injunction & quot ; is a court order that requires an abuser to have no contact Orders can a. That a judge typically issues in domestic Violence, sexual assault, or seeing them.. For information only and is not to be used as legal advice for individual. A misdemeanor or a felony protect the victim or other named person or his or her trial the had.