A no contact or is a type of restraining order that a court uses before a defendant has a trial. A "no contact" or is a type of restraining order that a court uses before a defendant has a trial. Other than politely asking the Court to take immediate consideration, there is little you can do to make the Court act faster. If you are issued a final no-contact order, the respondent will have prohibited acts from contacting you. A criminal defense attorney might move to have the no contact order modified to be a no violent contact order, but its up to the judge to decide. What does no harmful contact mean in the context of a domestic violence case in Sarasota. 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 accused could be subjected to a charge for a for each instance of contact in violation of the order. This legal order is often used in cases of domestic violence, dating violence, and sexual violence to protect the victim from future harm. In Florida, domestic violence charges are taken very seriously in fact, domestic violence charges will not be sealed or expunged from your record unless you are acquitted. The purpose of an NCO is to protect the victim from further harm by prohibiting the offender from having any contact with the victim. The abuser may be able to have contact with you if: There are specific stipulations that must be adhered to in a No-Contact Order. 26.50.135, Residential placement or custody of a childPrerequisite. Get the information and legal answers you are seeking by calling criminal defense attorney (850) 669-5882 today. 2017 - 2023 The Law Offices of Schwartz | White, Attorneys at Law. We will discuss and negotiate matters with the State Attorneys Office drawing attention to factors in your best interest and supporting your defense. While they are in jail, they may be served with additional papers indicating that they have additional charges for violating that no-contact order. It can upend the mental health of the family unit. can work with you to try and clear your name. The No-Contact Order can be permanent if the person accused of domestic violence, sexual violence, or stalking is found guilty of a crime. To prevent interference with a criminal investigation. Here is what actually happens. For example, an LNCO may allow the offender to have contact with the victim for the purpose of exchanging custody of their child but would not allow any other type of communication or interaction. An "injunction" is a court order that requires an abuser to have no contact with you. See Florida Statutes 1.01. Defined by Florida Statutes Chapter 741, a no-contact order is an injunction, or a type of restraining order, that is usually issued between an arrest and a trial.The no-contact order is simply that you cannot initiate contact with the victim in any way. How are no contact orders enforced? For more information on No-Contact Orders In Florida, a free initial consultation is your next best step. An NCO usually stipulates that the offender must stay a certain distance away from the victims home, work, school, or any other place the victim is known to frequent. The no-contact order is simply that you cannot initiate contact with the victim in any way. Appearance of victim, next of kin, or law enforcement, correctional, or correctional probation officer to make statement at sentencing hearing; submission of written statement. 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. The offense carried with it a mandatory prison sentence of three years. at (727) 592-5885 for a consultation about your case. If the defendant violates the no contact order, they can be charged with a first-degree misdemeanor. If a bond is then set, it will be significantly higher than the defendants original bond. It may be considered restraining order violation if a defendant texts, calls or emails an alleged victim. It is not uncommon for this no bond hold to remain in effect up to arraignment. 2006-279; s. 1, ch. 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. Being charged in a domestic violence case can create confusion when navigating the rules and the court system. This includes communication in person, by phone, through social media, or even by text message. It might feel that it becomes even more frustrating when there is a no-contact order issued against you. 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. It is the victim's motion, not the defendant's. A victim has to contact the judge's assistant, get a court date and appear in court. Nevertheless, it is important to understand so that one does not violate a no-contact order accidentally. 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. Certainly, if someone initiates contact it may form a defense. This may not seem fair. 2 Once the bond has been revoked for the violation of a no-contact order, then a person is kept in jail until their case concludes. Javascript must be enabled for site search. Through diligent and thorough representation Anthony Rickman was able to convince the State, The Client was stopped by a police officer while with her friends at a park and accused of smoking marijuana. That being said, there are situations where it can be a defense. The purpose of an NCO is to protect the victim from further harm by prohibiting the offender from having any contact with the victim. Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. If a person violates a no contact order their bond may be revoked and they may be required to await their trial or resolution of the case while in jail. It is also NOT a defense that the alleged victim contacted the defendant first. 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. . Each type has different requirements based on your relationship with the other person, and what occurred. Nevertheless, its not a defense you want to be using because it means a client has not followed the proper procedures for getting a no-contact order lifted first. The defense argued that there was no violation of the no-contact order. 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. Generally, the better course of action is for legal counsel to be prepared to argue for bond which is reasonable in terms of the dollar amount, and for conditions such as contact that are reasonable at first appearance. That being said, if the other party wants to lift a no-contact order or wants to request the state to drop charges, there is a specific method for doing so that should be followed in every case. Publications, Help Searching Only the court can modify the order. The court will then decide whether to issue a final no-contact order. Violation of a restraining order may result in additional restrictions, punishment for contempt of court, or, in some cases, criminal charges. 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. I just got served a notice of an injunction and hearing. 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. When there are multiple violations of a restraining order, a defendant could face years in jail. Domestic Violence Benchbook. In Florida, a violation of a no contact order is a criminal offense classified as a first degree misdemeanor. . Confidential or time-sensitive information should not be sent through this form. In some cases, filing a no-contact order may be possible without the defendant, or the other party, being present. 26.50. Before making contact, the defendant or alleged victim should first seek seek permission from a court before resuming contact. The goal of a no contact order is to protect the accused from further allegations in addition to keeping the victim safe while the case is pending. It prohibits a defendant from having direct or indirect contact with the alleged victim for the duration of the criminal case, or until the court lifts or modifies the order. 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. 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. Website Design by Juris Digital. Every written request is reviewed, and if there are any problems we let the complaining witness know. Violating a no contact order is a serious offense in Florida. In other words, the complaining witness can send text messages, private messages on social media platforms, make phone calls, and even drop by the defendants new residence, and suffer no penalty whatsoever. A No Contact Order is a condition of a person's . The premise is to keep the defendant from initiating any contact, direct or indirect, with the victim. (706) 350-1063. Defined by Florida Statutes Chapter 741, a no-contact order is an injunction, or a type of restraining order, that is usually issued between an arrest and a trial. 9. The journals or printed bills of the respective chambers should be consulted for official purposes. 84-363; s. 2, ch. 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. . Comply with all conditions of pretrial release. If you are a victim of violence, or if you have reason to believe you will become a victim, consider reporting it to the police and asking the court for an injunction. Quite often, people believe that if they do not have direct contact with a party, then they are not violating a no-contact order. If you have questions about no contact orders or need assistance, contact the Law Offices of Schwartz | White at 561-391-9943 to schedule a consultation. Unless otherwise specified by the court, a no contact order in Florida means that a defendant is to have no interaction- direct or indirect- with the alleged victim. The sooner you contact our firm, the sooner we can begin building your defense! 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. From there, the defense counsel can take care of getting a no-contact order lifted, or otherwise modify it. All rights reserved. This will usually result in the defendant going back to jail. No court appearance is required, its all done on paper, and a judges order is signed faster than you can normally get a hearing date. If you are facing domestic violence charges, call the defense attorneys at Goldman Wetzel in St. Petersburg to discuss your case and learn more about how to lift a no-contact order: 727-828-3900. Depending on the case, the penalty for violating a no-contact order can include additional criminal charges. It is generally not advisable for the defendant to make a statement at the hearing, as this poses a risk of making incriminating statements. They will also require, in some counties, counseling or remedy sessions before a no-contact order can be lifted. Nothing on this site should be taken as legal advice for any individual case or situation. Even though the Client had, The defendant was charged with aggravated assault with a firearm. 2008-172; s. 1, ch. I am not working on this case, I am just here to escort the defendant.. Get VIP SEO services to grow your business! A Tampa domestic violence defense attorney with The Rickman Law Firm can help. Copyright 2000- 2023 State of Florida. 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. 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