You can ask a friend or family member to assist you. Our clients retain us to make sure their rights are protected. Your best chance for having a restraining order dropped is at the 15-day hearing, which is why you don't want to complicate matters prior to that meeting. Our firm has a strategic combination of courtroom experience, knowledge, skills and temperament. No Contact Orders in Florida: Understanding the Basics. Here's why you want to have a No Contact Order l ifted immediately: - Removing a No Contact Order from your record will be extremely beneficial to the outcome of your case, i. e. divorce or child custody battle. When determining the type of Injunction for which you need to file it is very important that you read over all of the requirements for each type before selecting one; choosing the incorrect type may cause your Petition to be denied by the Judge.
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. How to get a no contact order dropped in florida department. 19 North Clearwater, Fl 33761 and your request will be forwarded Civil Court Records in Clearwater for processing. Make sure you say which parts of the order you want to drop and which parts you want to keep, and why. How do you know the Defendant (the person accused of domestic violence).
No court appearance is required, it's all done on paper, and a judge's order is signed faster than you can normally get a hearing date. 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 decide not to use an attorney, you may be able to find a pre-approved court form that you can use to draft your motion. According to Ramirez v. Teutsch, 134 So. In some cases, the alleged victim should invoke their right to remain silent if they can not truthfully answer any question without tending to incriminate themselves. Family hardship is generally NOT a basis for courts to remove a No Contact Order; and, in our experience, making these kinds of arguments tends to sway judges in the wrong direction as they believe that in such circumstances, "Victims" will not report further violence or act independently in their own interest. Courts want to know that victims can act independently and in their own interest. Alleged Victim: Can you Remove or Rescind a Criminal No Contact Order. First, a hearing needs to take place. How do I get a No-Contact Order lifted? An Injunction is requested by the Petitioner who files a "Petition" with the Court asking for protection from the Respondent. If the judge decides not to grant your motion, you may have the ability to appeal that decision, but you typically have a limited time to file any appeal. After the clerk processes your petition, the petition is then taken to the judge for review.
If the court finds you violated the order (even if the contact was not your idea or was unintentional), it could revoke your bond, you could get arrested again, and you could face a new, separate "Violation of Pre-Trial Release Conditions" charge. The term "no contact" includes the following prohibited acts: - Communicating orally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person, with the victim or any other person named in the order. 0222 or contact us via our online form. Having a No Contact Order lifted needs to happen sooner than later. How to get a no contact order dropped in florida keys. Is the Child Protective Investigations (CPI) Division of the Hillsborough County Sheriff's Office involved? Drafting Your Motion. Making the Peace, by Paul Kivel and Allan Creighton; Hunter House.
Does the defendant have any prior record? 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. If you violate a no contact order, you can be charged with a first degree misdemeanor. Being Served With an Injunction. We would need to file a motion with the court and have it heard by the judge. 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. 047, the court must impose a Standard No Contact Order in all criminal cases involving a victim. Under the new administrative order in Hillsborough County, all defendants who are arrested for a criminal offense involving a victim and who are released from custody on pretrial release are hereby subject to the Standard No Contact Order. The Florida criminal justice system makes it extraordinarily easy for the alleged victims of domestic crimes and other offenses to obtain restraining orders. Both of our domestic violence Judges in Fort Walton Beach, Judge Grinsted and Judge Mason, are very fair and will listen to our side before making a decision. When there are multiple violations of a restraining order, a defendant could face years in jail. Motion to Dismiss a Restraining Order | St. Pete Criminal Lawyers. Is There Anything I Can Do? We have consistently found that with proper preparation, understanding, and realistic expectations, the chances of getting a No Contact Order Lifted, Rescinded or Modified increase dramatically. Legal services organizations also may have forms and resources you can use.
Frequently, Florida courts issue no contact orders in criminal cases. At first appearance, the judge will provide the defendant with a "Standard No Contact Order. " A domestic violence injunction requires that the petitioner meets the legal definition of a domestic relationship with the respondent. 3d 1092 and Trice v Trice, 267 So. Did you file for an injunction or protective order against domestic violence? The Standard No Contact Order provides defendants with written notice of the meaning of "no contact" and has immediate effect and enforceability. 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. However, the existence, length, and conditions of such orders are discretionary and may be successfully shortened, qualified, or eliminated with the help of a lawyer, either through plea negotiations or advocacy at a contested sentencing hearing. If the court puts in place a no contact order that restrains you in St. How to get a no contact order dropped in florida. Petersburg, you aren't allowed to interact with the victim. Plan to get to the courthouse at least a half hour before the time your hearing is scheduled, to give yourself time to go through courthouse security and find the right courtroom.
You typically can find the correct address for service of the prosecutor on the original order, or you can ask the clerk. Goldman Wetzel is passionate about defending people in the St. Petersburg area, helping them navigate the criminal justice system, and fighting for positive resolutions on their behalves. If your abuser has access to your computer, follow steps to delete your browsing history. In our experience this has been the best way to resolve and lift a no-contact order without jumping through hoops or scheduling several hearings. Violating a No Contact Order can result in additional criminal charges. Did you tell the police the truth? You will need to be present at that court hearing. Our criminal defense lawyers | attorneys work as a unit and are highly experienced in dealing with no contact orders as part of larger criminal cases. In other cases, there are sometimes allegations that the client has difficulty expressing his/her emotions with words, and instead can take their frustrations out physically.
One of the things that we frequently hear is that complaining witnesses are told to go down to the State Attorney's office without legal counsel and ask to speak to the prosecutor who will be able to make the no-contact order disappear. Since all paperwork must be submitted to the Court for review by 4:00 p. m., it is necessary for petitioners to submit completed paperwork to the Clerk's office no later than 3:40 p. m. to ensure same day review by the Court. We will then schedule a hearing with the Domestic Violence County Court judge at the Pinellas County Criminal Justice Center. In some instances, the court issues a no-contact order because of the facts surrounding the case.
Is a child safety plan in place? A Petition may not be filed by or against a group of individuals or an entity (such as a business). 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. Important Telephone Numbers: Statewide Domestic Violence Hotline (Florida Coalition Against Domestic Violence, FCADV). The parties might have children together. As the respondent of an injunction or the defendant of a criminal charge, you have legal rights. This is happens often in cases of domestic violence when the defendant and the alleged victim may have children and may dependent on each other for personal and financial support. In Florida, a temporary restraining order is valid for 15 days. The way the judge keeps the parties separated is by a No Contact Order. Civil Protection Orders can only be imposed by a judge after a hearing in which he or she finds, by a preponderance of the evidence, that the party seeking protection has suffered acts of domestic violence or has been put in imminent fear of domestic violence. The judge will make his or her decision based upon your petition and written narrative of the events that have transpired. 047 Conditions of pretrial release. If you want to end your 209A protective order, you can ask the court to end it.
This is accomplished through the filing of a Motion to Modify Conditions of Pretrial Release, which sometimes styled as a Motion to Lift No Contact Order. If you were the defendant convicted of domestic violence, this is where having an attorney can come in handy, because your attorney can speak to the victim on your behalf. How can a No Contact Order be lifted or modified? Gather any documentation you may have to prove any points you've made in your statement. No Contact Orders in Florida: Understanding the Basics of Florida Law.
For example, if alcohol or drug abuse was involved in the domestic violence incident, and the perpetrator of the violence has since entered rehab, this can demonstrate a change in behavior that would justify dropping a no-contact order. 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. View a list of locations. This article has been viewed 306, 317 times. This website provides definitions of each of the offered injunction types. It also gives you tips that are helpful when trying to convince the judge that there is good reason for the order to be dropped. You can still have an order saying that they can't abuse you, but they won't get in trouble just for contacting you or being with you. If you are acquitted or your case is dismissed the court has no jurisdiction to impose a no-contact order and the pretrial no-contact order will no longer have effect. Typically, you also must serve the prosecutor's office that handled the domestic violence charges. We are unique in that we contract with a Washington state certified domestic violence treatment and counseling agency to provide the court with a thorough and unbiased evaluation of your situation, including an interview with the alleged victim if s/he is available.
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