How to Remove a No-Contact Order After a Domestic Dispute

If a domestic dispute has led to an arrest, the courts in Florida will often issue a no-contact order as a condition of your release. While the order is in place, you are prohibited from contacting the individual it is meant to protect. It is not uncommon for the protected person named in an order to request contact, usually for childcare, family, or counseling purposes. In these cases, you may have legal options but it is critical to know that only the judge can make changes to the order. Below, one of our Fort Lauderdale domestic violence defense lawyers explains in greater detail.

Removing an Order On the Protected Person’s Request

The terms of a no-contact order in Florida are very strict. Typically, they prohibit you from contacting the protected person in any way. This can include texts, phone calls, social media messages, and third-party communication. You are also likely prohibited from contacting the protected person at their work, school, or home. Even if the protected person wants to communicate with you, you cannot violate the order unless the changes have been approved by the court.

Your lawyer can file a motion to lift or modify the order and request a hearing. The judge may ask the protected person to confirm that they want to change the order, ensure the request is voluntary, and discuss plans for safety. The court will consider if drugs or alcohol are involved in the situation or if you have any history of violence. If you are in counseling, the court will need to see proof of progress.

At the hearing, a judge may decide to lift or remove the order entirely, change it to allow no harassing or violent contact, or keep the order in place as it currently exists.

What are the Penalties for Violating a No-Contact Order?

If you violate an existing no-contact order, your bond may be revoked and take you back into custody. The court may also tighten supervision conditions or impose penalties for contempt. It is important to note that even a single social media message or text message to a protected person can violate a no-contact order. Violating a no-contact order can also interfere with plea negotiations, increase future sentencing, and make the court much less likely to allow contact at a later time. For this reason, it is critical to follow the exact conditions in a no-contact order to avoid the penalties of a violation.

Our Domestic Violence Defense Lawyers in Fort Lauderdale Can Help You Through the Process

If you wish to contact someone after a domestic dispute and with a no-contact order in place, it is critical that you obtain the approval of the court and have a plan that protects all involved parties. At Haber Blank, our Fort Lauderdale domestic violence defense lawyers will bring our aggressive and experienced approach to your case and craft the defense you need to protect your rights and your future. Call us today at 954-767-0300 or contact us online to schedule a consultation and to get the legal help you need.

Source:

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