Florida Standard No Contact Order
In the state of Florida, a No Contact Order is a legal decree designed to protect one party in a court proceeding from having to interact with another party. Typically used in cases of domestic violence, stalking, or harassment, this court order serves to maintain the safety of the protected party. Once a No Contact Order is issued in Florida, the accused individual must refrain from contacting the protected party in any manner, including face-to-face, through electronic communication, or by physical presence at the victim’s home, workplace, or any other location where the victim might be present.
Enforcement of a No Contact Order in Florida includes severe penalties, such as fines and/or incarceration, for the accused individual if the terms of the order are violated. It is important for you to understand that even if the victim violates the terms of a No Contact Order , the accused party is still considered in violation of the order itself and does not have the ability to punish the victim for their misconduct. For this reason, it is critical for both parties to the No Contact Order to comply with its terms, as the victim can seek additional protection from the court in the event of a future incident.
It is not uncommon for the alleged victim to wish to have the No Contact Order canceled or amended. However, in doing so, it is the responsibility of the victim to demonstrate to the court that the accused party presents no further threat of danger to their safety. Furthermore, the accused individual should take the necessary steps to display their trustworthiness and reliability to the court — including recent medication, therapy, or psychological evaluations — to avoid further criminal charges.
When Are No Contact Orders Entered?
No contact orders can be issued in two different types of cases. The first type is a no contact order issued in a domestic violence case. This is sometimes called a restraining order or an injunction for protection against domestic violence. This type of case is governed by Florida Statute 741.30. Under this statute, once a person files for a restraining order or injunction for protection against domestic violence and establishes that there is "clear and present danger of immediate and irreparable physical harm," the Judge will issue a temporary (ex parte) injunction against the respondent. The order directs the named individual not to have contact with the petitioner and to vacate the home. Often, the Judge will also order an arrest if the injunction is violated. The Respondent will be given a private process server or the sheriff’s department a summons with a copy of the petition and a notice of hearing as well as other information. The person seeking the injunction will pay for the process server’s or Sheriff’s Department fees. The respondent is given a date to appear in front of the Court to contest the injunction and to tell his or her side of the story. After this hearing, the order may be vacated or continued. Even if the case is dropped, when the police run the respondent’s name, the no contact order will still be in the system. The second type of case is a no contact order issued in a drug dealing case. This type of case has no relation to domestic violence and falls under a completely different statute. In this situation, the "respondent," or person alleged to have committed the crime, is ordered to have no contact with another person or other people, usually known as an informant(s). This order is issued because the police have knowledge that this respondent has arrested another person on drug trafficking charges. Commonly, the arrest was made with the alleged informant and during the course of that interview, it is learned that the alleged informant is being watched through wiretap and other means by police who suspect that the informant is engaged in drug trafficking and has been drug trafficking jointly with the respondent. The police then attempt to gain consent from the alleged informant to introduce him or her into further transactions with the respondent in order to preserve evidence against the respondent if and when charges are filed. The alleged informant wishes to cooperate and offers no resistance when presented with the no contact order. The informant then continues with his or her day until the time of the alleged controlled drug buy, at which time he or she is again contacted by police and then transported to the site of the alleged drug buy, at which time the police witness the respondent selling drugs to the informant. The alleged mentioned informant then completes the transaction and later returns to police custody where neither the respondent nor the informant has any contact with one another. Some no contact orders are stipulated on the record while others signed by the defendant or respondent and his or her attorney. Many times the defendant is permitted to leave the courtroom with no further conditions on their release, while other times the respondent must be subjected to pre-trial supervision, electronic monitoring, and surrender of passport or other travel documentation.
No Contact Order’s Terms
Typical Terms and Conditions of a No Contact Order
The main restriction placed on an individual by a No Contact Order is that the individual is prohibited from contacting the protected party. This restriction applies to all forms of communication, including but not limited to:
The above forms of communication are likely to get the individual in trouble even if the contact is innocent in nature. For example, if an individual is evicted from the home on a Temporary Injunction Hearing for Domestic Violence, and a text message is sent to the protected party addressing the need to pick up personal items, the abuser could be held in contempt of court for a violation of the No Contact Order even though they are only addressing a basic household chore. Thus, it is important for parties to understand that the Florida Court does not recognize "innocent" or "accidental" violations of a No Contact Order.
Generally, the Courts will agree that a temporary No Contact Order has been violated if a second party witness, even a child, is present during the communication. However, if the two parties were alone together and the prohibited contact was made, Courts will generally determine if the "victim" has been distressed by the second party. A "victim" must not only be distressed, but also file a Sue, for Contempt of Court and must attend the hearing against the alleged abuser. The judge will weigh all evidence available and then determine if a violation of a No Contact Order has occurred. Generally, the Court will err on the side of caution when determining whether a violation took place.
Penalties for No Contact Order Violations
The penalties for violating a No Contact Order can be severe. As discussed above, there are circumstances in which a judge may waive a No Contact Order and allow a defendant to return home. However, the No Contact Order remains in effect until that order is waived. Any violation of the order prior to its waiver can leave the defendant in a heap of trouble.
A No Contact Order is a serious bond condition and is often considered a violation of the bond should the defendant have any future contact with the alleged victim. A violation of any bond condition can subject a defendant to losing bond and going to jail to await trial on the charges.
Florida Statute 741.30 addresses those consequences in part. The statute states that if an injunction is violated, there can be both civil and criminal penalties. For a civil violation, the defendant can be found in civil contempt of court. The plaintiff can then hold the defendant liable for any damages associated with the violation . For a criminal violation, the defendant can be charged with a first-degree misdemeanor. Misdemeanor violations of No Contact Orders can result in a year in jail, large fines and lasting criminal convictions. In some cases, defendants can even be charged with third-degree felony violations for up to five years in prison for repeat violations or for violations that involve threats of violence or credible threats to the alleged victim.
Further, while you can save a marriage of convenience, there is no such thing as a "no contact divorce." You must seek legal counsel to pursue the formal process of obtaining a dissolution of marriage even if the parties are willing to sign agreements and file documents together.
If you have been accused of violating a No Contact Order, it is important to obtain the services of a knowledgeable Jacksonville, FL criminal defense attorney. These types of accusations are taken very seriously, and you don’t want to find yourself trapped in a situation with little or no way out.
Amending or Vacating a Florida No Contact Order
Modifying or Lifting a No Contact Order in Florida is also a legal process that follows the courts. This means that you have to participate in this proceeding in order to even have a hope of getting this order overturned. This means the following:
- By either party: A no contact order can either be filed by the prosecution or requested by the other party involved.
- Evidence must be presented: While no evidence will be presented regarding the crime itself, the party who requested this order must show sufficient evidence that the no contact order needs to be lifted or modified.
- Court’s discretion: The final decision is in the court’s hands as they consider the merits of lifting the order or limiting it to specific places or people.
- Defendant’s compliance: If there are any signs that the defendant is complying with the order without issue, this can be helpful in lifting and altering the order.
- Victim’s wishes: While the victim’s wishes do play a role in this proceeding, it ultimately the judge who makes the final decision.
Helpful Resources and Contact Information
If you are facing an allegation of violating a No Contact Order (NCO) in Florida, it is crucial that you obtain the help of an experienced lawyer. Otherwise, a malicious allegation could unfairly affect your reputation, your job, and perhaps even your freedom if the court system does not see the truth. Even if you have not been accused of violating an NCO, or if you have been the victim of a domestic violence incident, an attorney can help you obtain a No Contact Order against your abuser in the first place, as well as protect you from any possible repercussions or retaliation for doing so .
The following resources are available to individuals in Florida:
Tallahassee Memorial Hospital
Salvation Army Domestic Violence and Rape Crisis Center
City of Tallahassee Victim Compensation Program
SPARCC: Sexual Violence Advocates
University of Florida Victims Advocacy Program
Florida State University Victims Advocacy Office