If you were arrested for Domestic Battery in Pinellas County, you likely have a No Contact Order as a condition of your release. It is important you comply with the order, and it may be in your best interest to try to get that condition dropped.
When the court is releasing a person from jail after an arrest, the judge can impose conditions that it deems appropriate to protect the public. In Domestic Battery cases, that often means keeping the defendant and the accuser apart. The way the judge keeps the parties separated is by a No Contact Order. Essentially, the judge is saying, “I am going to let you out of jail. However, you are not to have any contact with XXX.”
“No contact” means no contact. You cannot see them in person, go to the house (even if it is your residence), call them on the phone, text message them, etc. You cannot contact them through a third party. Do not tell your friend to give them a message.
Even if your accuser attempts to contact you, do NOT respond. The court’s order is against you, and if violated, you are the one who will suffer the consequences.
A no contact order is a direct order from the judge. If you directly disobey the court’s order, do not expect things to go well when you see the judge. You will likely be held in jail without bond as the court will reason if you can’t follow orders while out, we will just keep you in jail.
Also, you may face additional charges for the violation making it more difficult to resolve your case. So, do not violate the court’s order, and you may want to try to get the condition lifted ASAP.
The court can modify the conditions of your release at any time. We would need to file a motion with the court and have it heard by the judge. The accuser will need to be notified and given an opportunity to attend.
Because of the time needed to prepare and file the motion and get a hearing date, it is recommended to start as soon as possible.
In addition to re-establishing contact, a motion to lift the no contact order is a good signal to the prosecutors that the case should not be prosecuted. So, we advise taking action as soon as possible.
The process to lift a no contact order can vary greatly in duration. It largely depends on the specific circumstances of your case, the court's schedule, and the judge's discretion.
Once a motion to lift the no contact order is filed, it may take several days to weeks before the court schedules a hearing. This is because the court needs to notify the accuser and give them an opportunity to attend the hearing. The accuser's response or lack thereof can also influence the timeline.
It's important to remember that the judge will carefully consider all aspects of the case before making a decision. This includes the nature of the charges, the evidence presented, the accuser's stance, and your compliance with the order so far.
Given these variables, it's difficult to provide a precise timeline. However, it's generally advisable to start the process as soon as possible to allow ample time for all the necessary steps.
If you’ve been arrested for Domestic Battery in Pinellas County and want to get your no contact order lifted, contact The Denson Firm today to schedule a free consultation. Phones answered 24-Hours a day. 727-896-7000.
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