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Violations of no-contact orders are treated seriously by Florida prosecutors. At best it's a misdemeanor and the violation can rise to the level of a felony. If you were just released from jail after being arrested for Domestic Violence in Fort Walton Beach, you are probably scared about what comes next. The Offices of the State Attorney and all 20 judicial circuits are prepared for people to come down to their different offices without legal counsel. How to get a no contact order dropped in florida hotel. In some instances, the court issues a no-contact order because of the facts surrounding the case. On the other hand, if the judge grants your motion, the no-contact order will be lifted.

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What I do not do is tell a complaining witness what to say. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation. In many cases, the restraining order results from an alleged offense, like domestic battery, but that's not always the case. Sometimes when people write out a request to change bond conditions it's not as clear to someone reading it as it is to the person writing it. Clearwater, FL 33762. How to get a no contact order dropped in florida politics. The other party will be in the courtroom for the hearing. Drafting Your Motion. In this case, 81% of readers who voted found the article helpful, earning it our reader-approved status.

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To speak with a Florida board-certified attorney, please call Stechschulte Nell at 813-280-1244, or schedule a FREE case review online. The Temporary Injunction can require the respondent to have no contact with the person filing the injunction (the petitioner), stay away from the petitioner's home and workplace, vacate a shared residence, award temporary custody of minor children and require the surrender of firearms. My husband is going to the class that the court ordered him to go to, and I want it taken off. A no contact order is a direct order from the judge. How can Goldman Wetzel help with my St. Petersburg domestic violence case? Florida Statutes outline what a petitioner may seek protection from in various types of petitions: - Domestic violence involving spouses, former spouses, persons related by blood or marriage, persons who are or have lived together as a family, or persons who have a child in common. Contact a criminal defense attorney in your area. Is It Possible to Drop a No Contact Order In Washington State? | Carley Legal Services. If you're the criminal defendant, the attorney who represented you in the criminal case may be able to help you with your motion to terminate or modify the no-contact order. Our criminal defense attorney is prepared to defend you in and outside of the courtroom. As a condition of your pretrial release, this no contact order has been issued in your case.

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If you want to explore your options to file a motion to dismiss a restraining order, the St. Petersburg criminal attorneys at Goldman Wetzel might be able to help. Important Telephone Numbers: Statewide Domestic Violence Hotline (Florida Coalition Against Domestic Violence, FCADV). What are these Motions? Consultations are free but a poor choice in counsel is not. How to get a no contact order. This can make the difference between up to 10 years of no contact with your family and the ability to lawfully return home. Keep in mind that the no-contact order is preventative. In addition, an arrest can result in a criminal record and an extension of the injunction.

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In most cases, the court will award a temporary restraining order. We also represent clients in the surrounding counties including Hernando County, Pasco County, Pinellas County, and Polk County, FL. Ten Talks Parents Must Have With Their Children About Violence, by Dominic Cappello; Hyperion Press. The "no contact" provision effective puts the defendant in a "time out. " No contact orders also prohibit communication through social media such as Facebook, Twitter and LinkedIn. Your attorney can help prevent you from offering information that can hurt any criminal cases pending against you. Attorney on How to Get the "No Contact" Order Modified. What did you tell the police? Depending on the case, the penalty for violating a no-contact order can include additional criminal charges.

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Rather than making a decision based only on the police report and recommendations from victim advocates and prosecutors, the court will have much more information to consider. As proved in Hobbs v. Hobbs 290 So. Sometimes neither party wished for the No Contact Order in the first place. There is no fee to file a Petition and the Sheriff's Office also serves (hand delivers) certified copies of the Judge's order to the Respondent without charge. If you are successful in getting a hearing scheduled, then you need to convince a judge to actually change the terms of the No Contact Order. You still need to present facts that will demonstrate to the judge that the no-contact order is no longer necessary, or is actually harmful to continued positive relations. A No Contact Order prohibits you from contacting the other party while the case is pending. Is a Permanent Injunction Really Permanent? No-contact orders can complicate a domestic violence case for a defendant. It is important you comply with the order, and it may be in your best interest to try to get that condition dropped. No Contact Orders in Florida: Understanding the Basics. When we meet with clients in this situation, the first question they always ask is about getting the no contact order lifted. 727) 895-4912 / TTY (727) 828-1269. You typically can use the attorney directory to find licensed attorneys who practice in your area.

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The Office of Court Improvement does not record or save any of the information inputted into the form. The goal is getting the court to modify the "no contact" provision to "no violent" contact. We know appearing in court may sound daunting, but rest assured, we will prepare you and keep you informed every step of the way. The injunction process begins when you file for an injunction at one of the locations listed above. This type of injunction requires that the petitioner was the victim of at least two incidents of stalking or violence within the past six months. It should also specify what kind of contact you both want to have. The prohibition is absolute until modified by the court. It can upend the mental health of the family unit. Frequently, Florida courts issue no contact orders in criminal cases.

National Domestic Violence Hotline. Did you speak to the police? We have helped hundreds of people in Fort Walton Beach have contact restored and are ready to help you too. Once we can confirm that the alleged victim is requesting contact, we will work with them to get sworn affidavits stating they wish to have contact. If you have a restraining order against you, you may have personal or professional reasons to have it dismissed. My partner, Brandy Merrifield, and I will explain the process for getting you back home as soon as possible. 3Have the appropriate parties served. 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.

If you call or go to see them because you need to talk about the kids or something else, you are not violating the Order. If you are charged with the serious offense of domestic violence, then contact an experienced attorney for domestic violence battery cases in Tampa, Hillsborough County, FL. The Judge may make one of three decisions: In the first two instances, a hearing will be scheduled (within seven (7) to fifteen (15) calendar days of your Petition filing date) that you will be required to attend. In Florida, restraining orders or injunctions for protection are court orders that are meant to protect domestic violence victims or people who are believed to be in imminent danger of violence. It is better to have a court lift the order and not risk a restraining order violation. 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. First, a hearing needs to take place. For example, if the complainant shows up on the defendant's 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 the person was booked into the jail after midnight, then they will have to wait an extra 24 hours before seeing the judge. At Law Offices of Bryan J. McCarthy our attorney has years of experience defending clients against violent crimes, sexually motivated offenses, and other related offenses in Brevard County, FL. The outreach number is 727-441-2029. 2) 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. When you file your motion, you'll have to pay a filing fee – typically around a hundred dollars.

Note: Your request may also be dropped off at the Clerk's St. Petersburg Branch office 545 First Ave North St. Petersburg or the Clerk's North County Branch office 29582 U. S. 19 North Clearwater, Fl 33761 and your request will be forwarded Civil Court Records in Clearwater for processing. 1Show up for your scheduled hearing. If you do call the person you have the restraining order against or go see them or invite them over, the police and the court might think about this if you need their help in the future. From our second office in New Port Richey, FL, we represent men and women accused of domestic violence in Pasco County, FL. For more information on Lifting A No-Contact Order In Florida, a free initial consultation is your next best step. The forms may be accessed on the Florida Supreme Court Self-Help forms site.

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