In Florida, someone who makes contact unintentionally may get off the proverbial hook, but intent to violate the order will result in your being charged with a first-degree misdemeanor, which carries up to a year in jail and assorted fines and costs. With regard to a request to drop charges, we use a very similar format for one simple reason. To protect a victim of sexual violence from further harm. Florida Governor Rick Scott signed 27 new laws including one that clarifies the "no contact" order that is imposed on a person accused of domestic violence. Since the no contact order was entered by the Court, the Court will have to rescind it. At the time of sentencing an offender convicted of a violation of s. Any offender who violates a court order issued under this section commits a felony of the third degree, punishable as provided in s. The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. s. 2, ch. is an order that a judge typically issues in domestic violence, sexual assault, or stalking cases. This form may be used if you are a . (1) In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have . If you are facing charges for a domestic battery, please visit our Domestic Battery page where we discuss various strategies and defenses our attorneys use in defending domestic charges. No contact orders also prohibit communication through social media such as Facebook, Twitter and LinkedIn. If you violate the "no contact" order, then you can be arrested and your bond on the underlying case can be revoked. Quite often, these bond revocations are done without a hearing in the interest to public safety, regardless of whether the contact is dangerous in any way. Upon motion by the defendant when bail is set, or upon later motion properly noticed pursuant to law, the court may modify the condition required by paragraph (1)(b) if good cause is shown and the interests of justice so require. Florida courts often issue no contact orders in criminal cases. 9. Sometimes when people write out a request to change bond conditions its not as clear to someone reading it as it is to the person writing it. A No-Contact Order (NCO) is an order that a judge typically issues in domestic violence, sexual assault, or stalking cases. In other words, if there is something in the written documentation with the request to drop charges or to change bond conditions from no-contact to no violent contact, then I can arrange it so that the statement is truthfully modified and the confusing information is removed. Under Florida law, a no contact order is a type of injunction or restraining order imposed by a court as a condition of a defendants pretrial release. No Violent Contact means that the two people can communicate but if there is ever any violence, the party who has the injunction against him/her can be arrested for Violating the Injunction. This is especially true in domestic violence cases, where the defendant and the alleged victim may have children together, may depend on one another for financial and personal support, and wish to reconcile their relationship. The purpose of an NCO is to protect the victim from further harm by prohibiting the offender from having any contact with the victim. Permanent No-Contact Orders are also known as protective injunctions. Protective injunctions are issued by a judge and are enforceable by law enforcement. A domestic violence victim advocate specifically approves the contact. There are four (4) kinds of civil injunction petitions that can be filed with the Clerk of Court in your county: domestic violence, sexual violence, dating violence, and repeat violence . This law firm website is managed by MileMark Media. Its imperative that the accused does not contact the victim until the court has confirmed the no contact order has been lifted. This legal order is often used in cases of domestic violence, dating violence, and sexual violence to protect the victim from future harm. However, in my experience with judges all throughout Florida, they take the position that if the defendant is walking through a local grocery store and happens to come upon the complainant and the complainant tries to initiate conversation, the defendants duty is not to use that as an opportunity to lawfully communicate but instead must turn around and walk away. Harmful contact is basically any form of contact that would normally constitute illegal conduct (such as an unwanted touching, a touch or strike battery, etc.). Skip to Navigation | Skip to Main Content | Skip to Site Map. Violating a No Contact Order is a serious crime, and prosecutors treat . The other party is literally kicked out of their own home and has to go back to their place of residence with the law enforcement officer to gather personal effects. At the hearing, both you and the respondent will have an opportunity to present evidence and testimony. If the order is unclear or you would like to see different terms, a Tampa domestic violence defense lawyer may be able to file a motion on your behalf seeking favorable relief. How are no contact orders enforced? Additionally, when we have it in writing we can also approach the state to do it by stipulation. The no contact order is utilized before the accused has his or her trial. Box 172910 Tampa, Florida 33672-0910. I had obtained a no-violent contact order . This will prohibit the abuser from having any contact with you, including in person, by phone, or online. In any event, presuming you are a resident, you can file for a restraining order (also called an injunction) without using an attorney. No contact orders have long been used to protect victims of domestic violence and prevent the abuser from intimidating the victim. In Florida, No Contact orders are frequently imposed in criminal cases that involve allegations of assault, battery, domestic violence, and other violent crimes where there is a concern about continued conflict or the safety of the alleged victim. Violating a no contact order is against the law. The order will remain in effect until a hearing can be held. The complaining witness was present, and the complainant was willing to offer testimony at first appearance that he or she wished to have contact with the defendant. Domestic Violence. Being within 500 feet of the victims or other named persons residence, even if the defendant and the victim or other named person share the residence. Typically, the hearing will consist of testimony from the alleged victim, a brief cross examination by the prosecutor, and short oral argument by the attorneys. Book A Call Now. In Florida, when you file a petition for protection against domestic violence, the court automatically will consider giving you two types of injunctions: a temporary injunction and a final injunction for protection against domestic violence.Temporary (ex parte) Injunctions 2015-17; s. 1, ch. Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. All rights reserved. Domestic Violence Injunctions Before Trial. If I don't want a No Contact Order, why should a Judge be allowed to put one in place? Since being admitted to The Florida Bar almost 20 years ago, I founded Hanlon Law and have gained extensive legal experience in criminal courtrooms in and around Tampa and throughout Florida. West Palm Beach Criminal Defense Attorney. During the course of my career, Ive lost count of the number of times in a domestic violence case where someone has said to me, The other party is going to drop the charges, or The other party has said its okay for me to contact them. In both of those scenarios, that is not true. 741.31 Violation of an injunction for protection against domestic violence.. This category of protection order was created to provide protection for persons, including minors, who are victims of one act of sexual violence but have no domestic or dating relationship with the perpetrator. What Happens if Someone Violates the No Contact Order? Domestic violence cases can be stressful. The alleged victim seeks to lift the order freely and voluntarily; The alleged victim is not afraid of the defendant; The alleged victim does not fear or anticipate future violence; The nature of the contact the parties wish to have (unrestricted contact, limited contact, no violent contact, no unconsented contact, contact for purposes of child visitation, telephone contact, third party contact, etc. If you have violated a restraining order, or you believe someone has violated a restraining order, reach out to a no contact order attorney to help you understand your rights. Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an edited dictation transcript. Powered by Bipper Media - a world class SEO agency. The prohibition also includes contact made via social media like Facebook or Instagram, as well as indirect contact (such as having a mutual friend contact the alleged victim). Website Design by Juris Digital. The defendant shall be informed in writing of the order of no contact, specifying the applicable prohibited acts, before the defendant is released from custody on pretrial release. They will also require, in some counties, counseling or remedy sessions before a no-contact order can be lifted. Get the information and legal answers you are seeking by calling (850) 669-5882today. Check your website SEO authority score instantly here. The advice to contact the State Attorney is bad advice. If you are subject to a No-Contact Order, it is important to understand what is expected of you and what the consequences may be if you violate the terms of the order. If the case is still in the pretrial stage, the defendants bond can be revoked and the defendant put back in jail. She is at least the 21st trans American to fall victim to fatal violence this year. No Contact Order Florida Governor Rick Scott recently signed into law Senate Bill 342, further clarifying the specifics of a "no contact order" and what types of communication it prohibits. The problem is that when you are arguing that type of defense, the defendant has already had the bail bond revoked and is at that particular court hearing in jail togs, which I do not recommend. Communications through Facebook, Twitter, MySpace, LinkedIn, and other social media sites are all forms of contact that will violate a no contact order. Im just doing my job and I cant do anything. When someone has a no-contact order, its important to remember that that means direct contact, which can be in person, electronically or otherwise, as well as indirect contact. Sarasota, FL 34236 If the accused tries to email, call, or even text the victim, it may be considered a violation. The victim's advocate then notifies the solicitor's office. The state always calls the complaining witness a victim. That way the . If you have been served with a No-Contact Order, or if you are accused of violating an existing order, it is important to contact an experienced attorney right away. can work with you to try and clear your name. Usually, the petitioner has been a victim of physical, verbal, or emotional abuse. The viewing of the information is not intended to create, and does not constitute, an attorney client relationship. Indirect contact is also prohibited under a Florida no contact order. If a bond is then set, it will be significantly higher than the defendants original bond. (941) 462-1789 While it can be very demoralizing and disorienting to simply be informed of the consequences of an injunction being granted, know that you will have a chance, under Florida law, to argue your case. The alleged victim of domestic violence files a petition with the relevant court stating that they fear future violence and are seeking court protection in order to minimize that risk. The defendant can not call, text, e-mail, write, fax, leave messages for, instant message, send packages to, gesture towards, touch, or even intentionally be in the alleged victims vicinity. s. 43, ch. If the defendant contacts the victim, either directly (such as by calling or texting the victim) or indirectly (for instance, by sending messages through a friend or through a family member) the defendant can face additional criminal charges for violating the terms and conditions of the judges pretrial release order. The violations occur any time the defendant comes in contact, directly or indirectly, with the plaintiff. In the former, that will result in a prosecutor carefully trying to manipulate the complaining witnesss recantation in order to save the prosecution against the defendant. No-contact orders can complicate a domestic violence case for a defendant. ). A no-contact order issued after a domestic violence charge has two parts - a no-contact part and a no-abuse part. In addition, you must not ask anyone to make contact on your behalf. The offense carried with it a mandatory prison sentence of three years. Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. When someone is arrested for a sexual offense involving another person, a domestic violence offense, and certain other types of personal crimes such as battery, aggravated . Getting the order modified is . In Broward County, for example, you would call Henderson Mental Health Center at (954) 463-0911. Contact our offices today to speak with an attorney. This level of seriousness extends to any restraining orders. A peaceful contact order is a type of order that restrains the person from contacting or physical distance to a person when there is possible domestic violence. It might feel that it becomes even more frustrating when there is a no-contact order issued against you. All because the defendant did not turn around and walk away or otherwise cease communication with the complaining witness in a criminal case matter. For instance, when a defendant is first arrested and charged with a domestic battery, the judge will initially order the defendant to have no contact with the victim. 2020 Soler & Simon. Find information about domestic violence. The judge hears from the victim first. Depending on the case, the penalty for violating a no-contact order can include additional criminal charges. This is usually only done in cases where the judge believes the victim is still in danger of being harmed by the offender. How to Lift a No-Contact Order in FloridaThere are two basic ways to lift a no-contact order in Florida but only one of them would I consider correct. Contact the Morris Law Firm, P.A. 23 E Tarpon Ave Ste 16, The real purpose of these classes and counseling is to convince the complaining witness that they are a victim of a crime, and not to do anything that will impede the prosecution against the defendant. The defendant is at a very high risk if responding to such contact by text message, or a Facebook private message, or simply answering a telephone call because the complainant is not under a no-contact order. For example, if the complainant shows up on the defendants doorstep and the defendant opens the door and the complainant starts talking, then that is a scenario where if it came to a court hearing on the issue of whether bond conditions were violated, the defense would certainly have a strong argument. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Broadly speaking, the motion will state that: Upon filing the Motion a hearing will be held where the judge will decide whether to lift or modify the no contact order. Keep in mind, however, that only the court can lift the order not the alleged victim. The courts in Florida often issue a no contact order in a criminal matter that involves domestic violence, assault, battery, or any other crime where the court is concerned a victim may be threatened or at risk for continued violence. 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. I just got served a notice of an injunction and hearing. Some types of restraining orders, such as an injunction for protection against domestic violence, prohibit the restrained person from possessing firearms. They must leave and have no-contact with the other party. The court can drop the "no contact" part of the order but keep the "no abuse" part of the order. To find the crisis center you should call, look up your county courthouse's website. If we have a contested hearing, I need the complaining witness to be able to say, I dont know who he is when asked what did Mr. Cobb tell you to say in court today. If I dont have contact with the complaining witness, then the complaining witness can truthfully say that they have never met me, spoken with me, or been influenced for testimony in anyway. This Order is indexed at . (706) 350-1063, Tarpon Springs, Florida In the event the charges are dropped, or the case resolved, the no contact order is usually lifted. Since violating a Domestic Violence No Contact Order is itself labeled a crime of domestic violence, an individual's rights to own or possess a firearm will be forfeited upon conviction - even if no gun was used, possessed, mentioned or in any other way used. If the defendant violates the no contact order, they can be charged with a first-degree misdemeanor. Considering that a misdemeanor case has a 90-days speedy trial window, yet may have continuances causing it to last 4, 5, or even 6 months, this can be a rather lengthy incarceration, and exceed the amount of jail time they might serve otherwise. Instead of an advertising banner, a message to the complaining witness was printed and pulled by the aircraft several miles from the complainants home. There are double penalties when someone violates the no-contact order under Florida criminal law, which are an immediate bond revocation followed by the risk of additional charges for violating a no-contact order. There are multiple types of injunctions, but domestic violence injunctions are among the most likely to result specifically in a no-contact order because of the high potential for violence against the petitioner. There have been multiple cases where the law enforcement officer is escorting the defendant back to the property and the defendant is getting the personal effects together and the complainant is telling the escorting officer, Hey, I want to have contact, cant you do anything? The law enforcement officer usually says something to the effect of, Well, contact the State Attorney. Violating a no contact order is a serious offense in Florida. Helpful Resources: Sexual Assault Services at Suncoast Center Sexual Assault Helpline (727) 530-7273 If you have been served with a No-Contact Order, it is important to understand the terms of the order and comply with them. However, indirect contact has a very broad definition. As a condition of pretrial release, whether such release is by surety bail bond or recognizance bond or in some other form, the defendant must: Refrain from criminal activity of any kind. The premise is to keep the defendant from initiating any contact, direct or indirect, with the victim. On the lower end of penalties, this means you may be charged with a misdemeanor, but penalties can range all the way to serving jail time and having your bond revoked entirely. 2006-279; s. 1, ch. The no-contact order is simply that you cannot initiate contact with the victim in any way. There is a separate department at the Duval County Courthouse that will screen the facts to determine if you have the basis for an injunction and, if you do, will help you fill out the paperwork. We will discuss and negotiate matters with the State Attorneys Office drawing attention to factors in your best interest and supporting your defense. Florida courts often issue a no-contact order in cases involving violence. Sometimes a no contact order is entirely necessary, while sometimes, the conditions are a bit excessive. You can see a scenario where a defendant did not initiate contact and the complainant initiated it, yet the judge will still find that there was a bond violation. If you are seeking to lift or modify a no contact order in Jacksonville, Duval County, Clay County, or Nassau County Florida, contact Hussein & Webber, PL for a free consultation. An experienced attorney can help you navigate this process and ensure that your rights are protected. (adsbygoogle = window.adsbygoogle || []).push({}); Athens, Georgia This can take many defendants by surprise, though it is important to abide by the ruling. A Tampa domestic violence defense attorney with The Rickman Law Firm can help. Violation of a restraining order may result in additional restrictions, punishment for contempt of court, or, in some cases, criminal charges. Violating the terms of an NCO can result in serious consequences, including arrest and prosecution. 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