Can You Get a No-Contact Order Removed After a Domestic Violence Incident?

If you have been arrested for a domestic violence incident, the court may issue a no-contact order. While the order is in effect, you are prohibited from contacting the party it is meant to protect, and possibly your children, as well. If the alleged victim wants to communicate with you, there may be legal options. However, only the judge can change or revoke the order. Our Fort Lauderdale domestic violence defense lawyers can help you move forward legally and safely.

How to Remove a No-Contact Order on the Protected Party’s Request

No-contact orders are just that. They prevent you from contacting the protected party, including phone calls, text messages, social media messages, and using third parties to deliver messages. No-contact orders also prohibit you from approaching the victim at home, school, or work. Even when the alleged victim wants to communicate, the court must first approve any changes.

To remove a no-contact order, your lawyer will typically file a motion to life or modify the order and request a court hearing. The protected party may be asked to appear at the hearing by the judge so they can confirm the request and the fact that it is voluntary, and to discuss how to safely move forward. The court will also consider whether alcohol or drugs play a role in the situation, or if you have a violent history. If you are currently receiving treatment or counseling, the judge may ask to see proof of progress you have made.

The court will decide either to leave the order in place as it is, modify it to allow no harassing or violent contact, or lift it entirely. If there is a separate civil court order requiring you to refrain from contacting the alleged victim, it does not change simply because the pre-trial condition is lifted in your criminal case.

What Happens if You Violate a No-Contact Order?

If you violate a no-contact order, a judge may revoke your bond and place you back in custody until your trial. The court may also tighten supervision or impose penalties for contempt.

If you violate a civil no-contact order, a violation could be classified as a separate criminal first-degree misdemeanor offense. Even just a single text, message on social media, or indirect contact through a third party can constitute a violation of a no-contact order. Violating these orders can negatively impact sentencing, add time to your sentence, and make it far less likely that the court will allow contact in the future.

Call Our Domestic Violence Defense Lawyers in Fort Lauderdale for a Consultation

If you want to remove a no-contact order, it is important to obtain court approval to ensure that everyone involved is protected. At Haber Blank, our Fort Lauderdale domestic violence defense lawyers bring an aggressive and experienced approach to every case while offering compassionate and personalized service. We will work tirelessly to draft a strong plan that focuses on safety while ensuring your rights are protected. Call us today at 954-767-0300 or chat with us online to schedule a consultation and to learn more about how we can help.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0903/Sections/0903.047.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html