Issuing a no-contact order against people accused of domestic violence is standard practice in both criminal courts and domestic relations courts in Florida. These court orders prohibiting contact between the person accused and the alleged victim (or witness) are strictly enforced and can result in immediate incarceration or other penalties if violated.
However, there are circumstances in which individuals may seek to have such orders lifted. In the state of Florida, the process for lifting a no-contact order is governed by specific legal provisions. At Stechschulte Nell, Attorneys at Law in Tampa, our attorneys have extensive experience defending alleged violations of no-contact orders and handling the process of lifting a no-contact order. If you have questions or need help, contact Stechschulte Nell today.
Understanding No-Contact Orders
A no-contact order is a formal, legally binding restraining order or protective order. It is a court-issued directive that prohibits an individual from having any contact with another designated person. These orders are typically issued in cases involving allegations of domestic violence, stalking, harassment, or other criminal offenses where the victim may be at risk of harm, harassment, or fears the defendant.
In Florida, no-contact orders are governed by Section 741.30 and 741.31 of the Florida Statutes, which deal specifically with injunctions for protection against domestic violence. These orders are designed to protect the alleged victims from further harm and create a binding legal obligation for the subject of the order to stay away from the victim.
The Grounds for Lifting a No-Contact Order:
Florida law provides several circumstances under which an individual subject to a no-contact order can seek to have it modified or dissolved.
- Victim’s Consent
If the victim voluntarily agrees to have the no-contact order lifted or modified, the court may consider this as a valid reason for doing so. However, the alleged victim does not have the final word, the judge does. Merely because the protected party asks for the no-contact order to be lifted does not mean the judge will consider it prudent.
Domestic violence in a relationship often creates an unusual personal dynamic in which the victim blames themselves for causing the violence against them. In such cases, a judge may observe indications in the case history, like multiple prior incidents, or a victim who appears to be timid or submissive, that weigh against lifting the no-contact order.
If the alleged victim displays any sign of duress or coercion, the motion to lift the no-contact order will be denied.
- Change in Circumstances
A significant change in circumstances may warrant the lifting or modification of a no-contact order. For example, if the parties involved in the order reconcile and no longer feel threatened or endangered, the court may consider this as a valid reason for modification.
It is also possible to modify the terms of a no-contact order without lifting it completely. For example, a no-contact order can be modified to permit limited contact between the parties for purposes of exchanging custody of children, attending counseling, or participating in other mutually productive activities.
- Successful Completion of a Batterers’ Intervention Program
In some cases, the subject of the no-contact order can be required to complete a batterers’ intervention program as part of their sentence. Successful completion of such a program can be a basis for seeking the modification or dissolution of the order.
Getting Experienced Legal Counsel
Obtaining reliable legal advice and guidance from an experienced defense lawyer is essential to modifying or lifting a no-contact order in Florida. Only an experienced Florida defense attorney can assess the specific circumstances of your case and provide information about the best approach.
The Process for lifting a no-contact order involves drafting and filing the appropriate legal motion basing the request on the most compelling facts and the most favorable legal theory.
Having a clear understanding of the grounds for lifting a no-contact order, it is essential to follow the proper legal process to seek its modification or dissolution.
The process of lifting the no-contact order involves the following steps.
Filing a Legal Motion – The subject of the order or their attorney must file a motion with the court. This motion must clearly state the grounds and reasons for seeking the modification or dissolution of the order.
Provide Supporting Evidence – It is crucial to provide supporting evidence that demonstrates why the order should be lifted or modified. This may include affidavits from the parties involved, documentation of successful completion of intervention programs, or other relevant evidence in your case.
Serve Notice on the Alleged Victim – The motion and supporting documents must be properly served to all parties involved, including the victim and the prosecuting attorney. This ensures that all parties have an opportunity to respond and present their arguments to the court. This phase of the process may take additional time to successfully serve the alleged victim and to allow them reasonable time to appear to express their agreement or opposition to the motion.
Attending a Hearing – A hearing will be scheduled where both parties present their arguments before the court. The judge will consider the evidence, the circumstances, and the best interests of the parties involved in deciding the question.
Ultimately, the court will issue a decision regarding whether to lift, modify, or maintain the no-contact order. The judge will consider the safety and well-being of the victim, as well as any changes in circumstances or consent of the victim.
Protect Your Rights with Stechschulte Nell
In conclusion, navigating the complexities of no-contact orders in Florida requires careful legal guidance. Whether seeking to lift, modify, or defend against a no-contact order, it’s imperative to understand the intricate legal procedures and the factors the court considers.
At Stechschulte Nell, Attorneys at Law in Tampa, our experienced team is dedicated to providing personalized and effective legal assistance to address your specific needs. If you’re grappling with issues related to a no-contact order, don’t hesitate to reach out to us for expert legal support.
