No Contact Order Florida
Violation of No Contact Order Florida
In many cases, after an arrest for domestic violence or other types of crimes, the court will order that the person accused of the crime have “no contact” directly or through a third party with any victim in the case. A “no contact” condition can also be ordered by the court as a condition of probation or in an injunction for protection from domestic violence, stalking, repeat violence or sexual violence.
If you violate the “no contact” order, then you can be arrested and your bond on the underlying case can be revoked. If you were already sentenced to the underlying crime that caused the “no contact” order, then your probation or community control can be revoked because of the violation.
The courts take violations for this type of court order extremely seriously. If you or someone you know has been charged with violating a no contact order, you need an experienced defense attorney to help you determine the best way to avoid going to jail.
Your attorney can also help you request that the court lift the “no contact” order or change it to a “no violent contact” order so that you and the alleged victim can continue to have contact while the case is pending. This is particularly important in domestic violence cases when the parties which to be able to see each other, co-parent their children, manage their finances, or live in the same home.
Attorney for No Contact Order Violation Charges in Melbourne, Florida
Violation of a court order such as an order for no contact is a serious offense in the state of Florida. If you were charged with violating an order for no contact in Melbourne, Florida, you face serious penalties including additional prison time and expensive fines. The attorney at Law Offices of Bryan J. McCarthy is here to help.
At Law Offices of Bryan J. McCarthy our attorney has years of experience defending clients against violent crimes, sexually motivated offenses, and other related offenses in Brevard County, FL. Our attorney can examine the circumstances of your case and work towards the most desirable outcome.
Call Law Offices of Bryan J. McCarthy today for a free consultation to learn more about what steps you should be taking at this time. Our office services clients out of Brevard County, Orange County, Volusia County, Osceola County, Indian River, and surrounding areas.
No Contact Order Defined under Florida Statute §921.244
Florida Statute §921.244 explains that an order of contact is permissible when the following applies:
- At the time of sentencing, an offender has been convicted of sexual battery; lewdness and indecent exposure; child pornography on the internet, or traveling to meet a minor; or the defendant is a habitual offender.
When the aforementioned requirement has been met, the court must prohibit the offender from all contact with the victim, both directly and indirectly, including third party communication. This no contact order will last for the duration of the sentence given to the offender
How can a victim get a no contact order lifted?
The victim can request that the court reconsider the no contact order when said victim reach eighteen (18) years old. During reconsideration, the court will determine whether a change in circumstances has taken place and whether lifting the order would be in the best interest of the victim.
Penalties for violation of a no contact order will result in a third-degree felony punishable by up to five (5) years imprisonment, and/or up to $5,000. These penalties will run consecutively with any existing sentence for offenses described in §794.011, §800.04, and §847.0135.
Additional Resources
Order of no Contact under §921.244 – Visit the Online Sunshine website of the Florida State Legislature to find more information on no contact order requirements and penalties. This website provides information on Florida protective statutes. Also, find information on related penalties for violation of court orders.
Injunctions for Protection in Brevard County, FL – Visit the Clerk of the Court website of the Brevard County Clerk’s office to find out more about injunctions for protection in Brevard County, Florida. This website provides definitions of each of the offered injunction types. Also, find information on all filing fees and the procedure for filing a protective order.
Find an Attorney for Violation of No Contact Order in Melbourne, Florida
Being convicted of a criminal offense is nerve-wracking in itself, but adding more charges on to existing charges can be overwhelming. If you were are in the Melbourne area and were charged with violation of a no contact order, your time to act is limited.
Contact Law Offices of Bryan J. McCarthy immediately to get started creating a defense tailored to your circumstances. Our criminal defense attorney is prepared to defend you in and outside of the courtroom. He will work tirelessly to limit any additional jail time and fines.