Modifying a “No Contact” Order in Florida
It is not uncommon for the courts to issue a “no contact” order as a pre-trial condition after a person has been arrested and charged with domestic violence, and once he or she has been released on bail. A no-contact order is precisely what it sounds like — an order that prohibits contact of any kind between the defendant and a person against whom he or she has committed an act of violence. Sometimes a no contact order is entirely necessary, while sometimes, the conditions are a bit excessive. When the latter occurs, the defendant may attempt to modify the order to decrease its severity. This type of modification typically requires the experience and skill of a veteran Boca Raton domestic violence attorney. If you have a no contact order against you, contact WiseLieberman, PLLC, today to discuss your options for modifying the court order.
Conditions of a No Contact Court Order
According to section 903.047 of the Florida criminal procedure and corrections statutes, individuals who have a no contact order against them must refrain from any type of contact with the victim save through pretrial discovery. This rule is effective immediately for the duration of pretrial release and unless/until the order is modified to read differently. Per this section, the term “no contact” means that the defendant is not to engage in any of the following types of contact with the victim:
- Oral;
- Written;
- Telephone;
- Electronic;
- Via third person; or
- Any other manner, either directly or indirectly.
The only exception to this is if the defendant and the victim have a child in common. If this is the case, then the victim and defendant may facilitate custody exchanges with the help of a third party.
Modification of a No Contact Order in Florida
In some instances, a defendant may be able to modify the no contact order. If you have been saddled with a no contact order that you or the victim feel is overly excessive in its restrictions, contact our Boca Raton domestic violence attorneys about filing a “Motion to Modify Conditions of Release and Lift the No Contact Order.” With the right lawyer on your side, you may succeed in having the order modified.
In the meantime, it is imperative that you are careful not to violate the letter or spirit of the no contact order and refrain from contact of any kind with the other party. Any violation may result in you being held without bond for the remainder of your case.
Contact a Boca Raton Domestic Violence Lawyer
If you have a no contact order against you that you would like lifted or reduced, contact the Boca Raton domestic violence attorneys at Wise Lieberman, PLLC. We can help you explore your options and make your family whole again. Contact us today to get started.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0903/Sections/0903.047.html
