No Contact Orders in Florida: Understanding the Basics of Florida Law
Florida courts often issue no contact orders in criminal cases. This is particularly true in cases that involve assault, battery, domestic violence or any other violent crime where the court is concerned a victim may be in a conflict or under the threat of continuing violence. If you have violated a restraining order, or you believe someone has violated a restraining order, contact an attorney to help you understand your rights. This article will help you understand the basics of violating a protective order.
What is a “No Contact” Order?
A “no contact” or is a type of restraining order that a court uses before a defendant has a trial. The restraining order prohibits the defendant from initiating direct or indirect contact with an alleged victim. It may be considered restraining order violation if a defendant texts, calls or emails an alleged victim. It may even be considered a violation if defendant gesture their hand towards, touches or in the same area as the alleged victim. No contact orders also prohibit communication through social media such as Facebook, Twitter and LinkedIn.
Penalties for Violating a No Contact Order
A violation of a no contact order is a first degree misdemeanor. The accused could be subjected to a charge for a for each instance of contact in violation of the order. When there are multiple violations of a restraining order, a defendant could face years in jail. 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.
When Can a Restraining Order be Changed?
It is possible for a court to lift, or change, a no contact order in order to help prevent or alleviate hardship caused to both the victim and the accused. This is happens often in cases of domestic violence when the defendant and the alleged victim may have children and may dependent on each other for personal and financial support. They may want to request a modification or lift of the no contact order in order to begin reconciling their relationship.
Do Not Resume Contact Without a Court Order
The court imposed the no contact order and violating the court order, even as a path to reconciliation, may result in serious consequences. Before making contact, the defendant or alleged victim should first seek seek permission from a court before resuming contact. After the court has the request there will be another hearing and then the court will decide whether to lift or modify the restraining order.
Let a Lawyer Help You with a Restraining Order
Violating a no contact order is a serious offense in Florida. The court has an interest in protecting victims and will penalize anyone who violates a direct order from a court. If you are seeking to modify or lift a no contact order then contact Moses & Rooth, we can go over the details of your cases and help you develop the best strategy for lifting or modifying a restraining order. Please contact us today at 407-377-0150 to discuss your case.