No-Contact Order Violations
Domestic violence charges are some of the most common criminal offenses litigated in the State of Florida. Domestic violence offenses are defined as any violent offense perpetrated between spouses, romantic partners, or family members related by blood. Domestic violence offenses generally fall into one of two categories. First, there are true domestic violence cases where one of the spouses or family members is an aggressor and the other is an actual victim of a crime or abuse. The second category is made up of cases that involve the escalation of a typical argument. In this category, the person labelled as a victim by the State typically does not want to proceed with pressing charges. Yet, as many people involved in domestic violence cases understand, it is the State, not the victim who determines whether to bring criminal charges or not. If you are charged with, or are the victim of a domestic violence offense, you should consult with a dedicated Sarasota criminal lawyer immediately to find out what your options are.
When a victim in a domestic violence case does not want to press charges or refuses to cooperate with the police or prosecution, you may think that the natural outcome would be for the case to be dropped or dismissed. In reality, the prosecutors in the State of Florida have come up with a nefarious way to pressure defendants into pleading guilty and dragging on cases that should be dropped. In any domestic violence matter where there is an arrest, the defendant is required to appear before a judge prior to being allowed to post a bond and secure his or her release. At the hearing to set a bond, the presiding judge will almost always issue what is known as a no-contact order.
A no-contact order typically stipulates that a criminal defendant may not have any direct, indirect, or third party contact with the victim through any means. This means that if a no contact order is in place, you cannot call, text, email, or instant message the other subject of the order. Many people charged in domestic violence offenses have never dealt with the criminal justice system before, and many times fail to comprehend the seriousness of such an order. The reality of the no-contact order is that it is a trap. And it is designed to be a trap. Prosecutors and judges know that the issuance of a no contact order will have the effect of separating spouses, removing the offender from the family home, and cutting off contact with shared children. This separation is often too much for people to bear, and they end up breaking and making contact with each other. If the court finds out about this contact, there is a near 100% chance that the defendant will end up in custody for violating the pretrial no – contact order.
When we take on domestic violence clients, our first step in the case is often to get the no contact order lifted or modified. If modification of the order is not possible, then we fully explain to our clients that they must abide by the no-contact order to the fullest extent, and reject any attempts at contact from the opposite party. Once the no-contact order has been breached, it can become exceedingly difficult to get a judge to agree to release a defendant jailed for a violation. This is one of the many reasons you should retain a dedicated Sarasota criminal defense lawyer immediately upon your arrest.Speak To Our Lawyers Today
The attorneys at Hanlon Law have years of experience defending clients in domestic violence matters. We know when the State is simply playing games and when they have a legitimate case. Don’t allow them to play games with your future. Call us today for a consultation at 727-897-5413.