Being charged in a domestic violence case can create confusion when navigating the rules and the court system. For example, even though domestic disputes may be handled by family courts, domestic violence charges are handled by criminal courts. It might feel that it becomes even more frustrating when there is a no-contact order issued against you.
In this brief article, a domestic violence defense attorney in Tampa with The Rickman Law Firm will help you understand what a no-contact order means in a domestic violence case and how to avoid further penalties.
Florida courts often issue a no-contact order in cases involving violence. Defined by Florida Statutes Chapter 741, a no-contact order is an injunction, or a type of restraining order, that is usually issued between an arrest and a trial. The no-contact order is simply that — you cannot initiate contact with the victim in any way. This includes calling, texting, emailing, messaging or commenting via social media platforms, or seeing them face-to-face. In some instances, if you are in the same room as the victim and even gesture toward them, you may be in violation of a no-contact order.
If you reside in the same home as the alleged victim, it is important to move out, even temporarily, in order to be in compliance with the no-contact order. In addition, you must not ask anyone to make contact on your behalf. If the court allowed contact, you may have permission to make contact with the alleged victim in the case.
In Florida, domestic violence charges are taken very seriously — in fact, domestic violence charges will not be sealed or expunged from your record unless you are acquitted. This level of seriousness extends to any restraining orders. Violation of a court order could lead to additional criminal charges including but not limited to: contempt or violation of a domestic violence injunction, if one is in place. On the lower end of penalties, this means you may be charged with a misdemeanor, but penalties can range all the way to serving jail time and having your bond revoked entirely. When you are fighting an already complicated case of domestic violence, this is not something worth adding.
If the order is unclear or you would like to see different terms, a Tampa domestic violence defense lawyer may be able to file a motion on your behalf seeking favorable relief.
Domestic violence cases can be stressful. Understanding how to navigate the criminal justice system on top of attempting to refrain from contacting a member of your household can be difficult. A Tampa domestic violence defense attorney with The Rickman Law Firm can help. We will discuss and negotiate matters with the State Attorney’s Office drawing attention to factors in your best interest and supporting your defense. We will also help you understand any court orders so that you can remain in compliance throughout the process.
For a free consultation with a Tampa domestic violence attorney, please contact The Rickman Law Firm today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.