In most cases, the officers serving the injunction will have no specific knowledge of the allegations against you, and you could end up hurting your position or even getting arrested. In Florida, a no contact order is a kind of injunction that the court may impose as part of your pretrial release after you've been arrested for domestic violence. The best way to avoid a civil protection order is to challenge its issuance from the beginning. The first appearance hearing usually occurs within 24 hours of the arrest. Second statement in the police report attributed to the alleged victim, etc…]]. So, even if you consider that the circumstances have changed, if the petitioner proves that there still exists a fear of becoming a victim of domestic violence, the judge may deny your motion to dissolve the restraining order. Having a No Contact Order lifted needs to happen sooner than later. Waiting till defendant enters and shows progress in any recommended treatment is helpful, or using the lack of recommended treatment is helpful as well. When there are multiple violations of a restraining order, a defendant could face years in jail.
This person is our biggest roadblock to getting no contact orders lifted in Fort Walton Beach. 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. After speaking with the victim and the victim's advocate, the prosecutor may believe modifying the no-contact order is acceptable. It is also NOT a defense that the alleged victim contacted the defendant first.
In Washington State criminal cases involving a domestic violence arrest, the judge often imposes a No Contact Order between the parties while their case is pending. If you are served with the injunction, it's important that you don't argue or become confrontational with the police. Evidence must be emailed to our DV office at least two days prior to the hearing. If you demonstrate to the judge that you have been fully compliant with the court's release conditions thus far, it can show responsibility and credibility. Courts want to know that victims have a safety plan if another problem erupts. Since it's your motion, the judge typically has you speak first. This form will not be subject to public disclosure. There's already been a conviction – this motion deals with what might happen in the future. Many domestic violence cases involve no-contact orders or restraining orders which prevent the defendant from making contact or approaching the alleged victim. And it prohibits you from keeping the other person under surveillance. 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. Generally speaking, in most circumstances, a defendant will automatically be given a no-contact order in a misdemeanor or a felony domestic violence case. You can get the order terminated any day during the court's regular business hours. We offer a free attorney consultation.
The outreach number is 727-441-2029. You won't be able to intentionally go in the vicinity of the victim or within a certain distance of his or her house or car or workplace, touch, or even intentionally be in the alleged victim's vicinity. It's not uncommon for a petitioner to set up a respondent by inviting them to meet to discuss the underlying issues, only to have them arrested for violating a restraining order. Couples can become frustrated by the inability to communicate. Call (813) 250-0500 to discuss your case today. If you were are in the Melbourne area and were charged with violation of a no contact order, your time to act is limited. The advice to contact the State Attorney is bad advice. Living with My Family: A Growth and Recovery Workbook for Children, by Wendy Deaton, M. A. and Kendall Johnson, Ph D. ; Hunter House Inc. (2002).
A Petition for Injunction for Protection Against Domestic/Stalking/Repeat/Sexual/Dating Violence, as well as all related or post-judgment paperwork, may be filed or additional information obtained, at any of the following locations between the hours of 8:30 a. and 4:00 p. m., Monday through Friday, excluding County holidays. You cannot contact them through a third party. If the judge decides the sworn allegations contained in the paperwork meet the requirements of Florida law for the issuance of an injunction, the judge will enter a Temporary Injunction, which will be valid for 15 days. Dating violence is between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. What are these Motions? Contact us today and schedule a free consultation with our team in St. Petersburg. The best way to get a no contact order dropped is to decide which parts of the order you want dropped and complete a motion to modify the order.
Violating a No Contact order is very serious. You'll need one copy for your records, plus one copy for the other party listed on the no-contact order and one copy for the prosecutor's office. 244 – Visit the Online Sunshine website of the Florida State Legislature to find more information on no contact order requirements and penalties. You typically can get these forms from the clerk's office. The way the judge keeps the parties separated is by a No Contact Order.
My husband is going to the class that the court ordered him to go to, and I want it taken off. You still need to present facts that will demonstrate to the judge that the no-contact order is no longer necessary, or is actually harmful to continued positive relations. Witnesses: Any witnesses you plan to call at your hearing may also appear via Zoom using the same Zoom conference number and password. When people get there and try to lift contact orders, they start making them jump through hoops. 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 defendant's duty is not to use that as an opportunity to lawfully communicate but instead must turn around and walk away. The person filing the order is referred to as the petitioner, and the defendant is the respondent.
Those questions often include: - What is your name? St. Petersburg Branch. We highly recommend an alleged victim speak with experienced counsel about this motion as there are a number of factors that must be considered before filing such a motion if you expect the court to set a hearing, let alone grant such a motion. Violation of a court order such as an order for no contact is a serious offense in the state of Florida. This does not mean that you, as the respondent, are guilty of any crime. In most cases, if the alleged victim says what we need them to say (and there are very specific things we will need them to say), the prosecutor will agree to modify the no contact order and change it to no violent contact.
Please Note: Injunction for Protection Forms need to be filed in person or via the Florida Courts E-Filing Portal. Dissolving a restraining order is up to the judge's discretion. Where can I find books for children and young adults about domestic violence? This way, even if you get back together or you want to be able to talk to the other person, they will still know that they can be arrested and go to jail if they hurt or threaten you. That you want to attach to the petition. As the Petitioner, you may voluntarily dismiss the petition. 15] X Research source Go to source.
Also, you may face additional charges for the violation making it more difficult to resolve your case. If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party's request, after notice and hearing, or until a specific date set by the judge (i. e., 1 year, 3 years, 5 years, etc. This way the defendant and the complainant can have contact with each other. These videos can provide additional information about what to expect while involved in the domestic violence process. The judge may be hearing motions on other cases the same day, so when you get to the courtroom take a seat in the gallery and wait until your motion is called. What is a violation of an injunction? You are also not supposed to make indirect contact with the purported victim. 3d 496, living away from each other or not having contact with the other party for a long period may not be enough to have your motion to dismiss approved. Can I Get an Injunction Dismissed? Additional Resources.
You may want to keep the order but ask that certain parts of it be dropped. If alcohol was involved during the altercation, refraining from alcohol is often a court requirement. 5Complete your documents. The first step in evaluating counsel is an appointment.
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