Modifying the Court Order of "No Contact"
St. Petersburg / Clearwater Domestic Violence Lawyers
Modifying or Lifting a "No Contact" Order
-- Lawfully Returning Home --
If a “no contact” order has been put in place in your Pinellas County domestic battery case, we can go to court on your behalf and request to have the order modified. If the "motion to modify conditions of release" is granted, you will be allowed to once again have lawful contact with the alleged victim.
- Getting the order modified is essential in avoiding a subsequent arrest for violating the "no contact" provision.
- It may also be viewed as a first step toward reconciliation between the parties.
Taking the Steps to Remove the "No Contact" Provision
Our office can schedule a hearing before the Domestic Violence County Court Judge. This will take place in courtroom Division "R" at the Pinellas County Criminal Justice Center. Notice of the hearing is sent to the alleged victim in your case. We will attend the hearing with you and request that the Judge modify your original conditions of release to delete the "No Contact" provision.
Will I be Able to Move Back Home?
If the Judge grants our motion his order may permit full and unrestricted "lawful" contact. This means that you would be permitted to move back in the residence you previously shared with the other party. It does require, however, that you not violate any laws. In the event you should be rearrested or charged with a new offense, the Judge could of course reimpose the "no contact" provision.
Having My Lawyer Quickly Schedule a Court Hearing
We will contact the judge assigned to the domestic violence division and request an expedited hearing be set immediately on your motion for contact. At the motion to lift the no contact order, we will provide the judge with information from the alleged victim, by eliciting testimony that addresses the following concerns:
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Is the victim voluntarily appearing in court or are they being pressured by someone to support the motion to modify?
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Is the victim afraid of the Defendant?
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Is the victim in fear of future violence should the Defendant be granted the right to move back home?
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Does the victim want full and unrestricted contact, or contact limited only to telephone calls or e-mail?
Could Having the "No Contact" Order Lifted Help My Case?
Being able to have contact would enable you to ask the alleged victim the following types of questions:
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Were they truthful when they gave their original account to the police?
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Would they like to speak to your attorney regarding the facts and circumstances of the case?
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Would they like to speak to your attorney to let him know how they currently feel about the upcoming state attorney's inquiry as to whether further prosecution is appropriate?
In the event the alleged victim expresses a desire to not have you prosecuted, our office can prepare appropriate documents for their signature which can then be hand delivered to the Pinellas County Assistant State Attorney assigned to your case.
We're St. Petersburg / Clearwater Lawyers Who We Can Help
Call our office and we can discuss with you the specific facts of your case and the best method to expedite your efforts to return to your home and your family.
The consultation is free! Call us at (727) 578-0303
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