Facing domestic violence charges in Florida can be overwhelming — especially when a no-contact order is put in place immediately after arrest. These orders, often issued at first appearance hearings, prohibit any contact between the accused and the alleged victim, even if both parties wish to communicate or live together. For many, this creates not just legal complications, but serious disruptions to family life, childcare, finances, and housing as a Tampa, FL domestic violence defense lawyer who has received a 10.0 rating from Avvo knows all too well.
What Is A No-Contact Order?
A no-contact order is a court mandate that prohibits direct or indirect communication between the defendant and the alleged victim. This can include:
- In-person contact
- Phone calls or texts
- Social media messages
- Contact through third parties
Even a well-meaning or mutual attempt to reconcile can result in a violation of the order — and lead to additional charges or revocation of bond.
Can A No-Contact Order Be Lifted?
Yes — but it requires a formal request and approval by the court. The accused cannot simply decide to resume contact, even if the alleged victim agrees. Violating the order is a serious offense that can result in re-arrest and stricter bond conditions.
How Can An Attorney Help?
An experienced criminal defense attorney can file a motion to modify or lift the no-contact order. Here’s how the process generally works:
1. Initial Consultation – The attorney will speak with the defendant and, if appropriate, the alleged victim, to assess whether there is mutual interest in modifying the no-contact terms.
2. Victim Input – While the alleged victim cannot “drop the charges” (only the prosecutor can do that), their input is crucial. If the victim is willing to support the lifting of the no-contact order, the attorney may coordinate with the State Attorney’s Office and/or have the victim testify at the hearing.
3. Filing The Motion – The attorney files a written motion with the court, requesting that the no-contact order be lifted or modified to allow contact (sometimes limited to peaceful or non-hostile contact).
4. Court Hearing – A hearing is scheduled, during which the judge will consider several factors:
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- The nature of the allegations
- The victim’s position
- Any prior history of violence
- The defendant’s criminal record
- Compliance with bond conditions so far
5. Judge’s Decision – The judge can choose to keep the order in place, modify it, or lift it entirely.
Why You Need Legal Representation
Attempting to lift a no-contact order without legal help is risky and often unsuccessful. A lawyer can direct you on how to respond to domestic violence charge. Judges take these matters seriously, and improperly filed motions or informal agreements can backfire. An attorney not only understands the legal process but can also present your case effectively, ensure proper procedures are followed, and advocate for the best outcome.
If you or someone you love is facing domestic violence charges and dealing with a no-contact order, don’t wait.
Call our office today to speak with an experienced defense attorney who can help protect your rights and guide you through the next steps. The attorneys at Stechschulte Nell have been rated by Super Lawyers and are ready to put their expertise to work for you.
