A No Contact Order is an order from a judge that prohibits a person from having contact with another person. You can go to any of the courthouse locations to get more information. A petition is filed by an individual against an individual. Repeat Violence is two acts of violence or stalking on two separate occasions, one of which must have been within the past 6 months committed by a person against another person. 3d 496, living away from each other or not having contact with the other party for a long period may not be enough to have your motion to dismiss approved. 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. This form will not be subject to public disclosure. In a "true" domestic violence relationship, "victims" are controlled by the defendants and are unable to act in their best interest so judges feel comfortable disregarding their wishes as a victim as they think that this will only pull them back into the cycle of violence they are living in. This is called getting the order "terminated. " If we have a contested hearing, I need the complaining witness to be able to say, "I don't know who he is" when asked "what did Mr. Cobb tell you to say in court today. " Every instance of contact will be a distinct crime, which means you can face multiple charges. How to Remove a Restraining Order in Florida.
The Importance of Having a No-Contact Order Lifted. Evidence: If you opt to appear via Zoom, you must submit any evidence you intend to present at the return hearing, such as emails, texting correspondence, photographs, police reports, etc., to the same email address,. Violating a No Contact Order is a serious crime, and prosecutors treat these violations as seriously as the underlying charge itself which can potentially lead to a domestic violence conviction and possible jail time. The Standard No Contact Order provides defendants with written notice of the meaning of "no contact" and has immediate effect and enforceability. While No Contact Orders are typically imposed at the beginning of most criminal cases such as Assault, Harassment, Trespass and Malicious Mischief, the parties can petition the judge modify or lift the No Contact Order. Keep in mind that despite your motion, you still cannot violate the no-contact order. If the respondent (the person the injunction was filed against).
For more information on Lifting A No-Contact Order In Florida, a free initial consultation is your next best step. The person filing the order is referred to as the petitioner, and the defendant is the respondent. The courts take violations for this type of court order extremely seriously. 315 Court Street, Room 170. When you work with the lawyers at Stechschulte Nell, we work tirelessly on your behalf to have a No Contact Order lifted. In Florida criminal prosecutions, it is often necessary to request the court to lift a No Contact order in order to alleviate the hardship caused to the parties who are subject to the order. Helpful information about domestic violence & formsfor injunctions for protection, also called restraining orders. Florida state statute 741. Though many people don't like this defense, it can sometimes be argued that the alleged victim initiated the contact. If you don't think you can afford the filing fee, you can tell the clerk you want to apply for a fee waiver, but keep in mind that some courts don't allow fee waivers for motions like this, only for filing an entirely new case.
You cannot see them in person, go to the house (even if it is your residence), call them on the phone, text message them, etc. 15] X Research source Go to source. A no contact order is a direct order from the judge. When someone has been charged with a domestic violence offense, the judge will often put issue a No Contact Order. A no-contact order issued after a domestic violence charge has two parts – a no-contact part and a no-abuse part. Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
In many cases, after an arrest for domestic violence or other types of crimes, the court will order that the person accused of the crime have "no contact" directly or through a third party with any victim in the case. When you file any motions with the clerk please send a copy to the Court at: Examples of these are a Motion to Continue your hearing to a later date, Motion to Dismiss Injunction, Motion to Modify Injunction, Motion to Extend Injunction, or Motion to Establish Timesharing.
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