Sometimes, because of various circumstances, it is desirable and necessary to ask the court to ‘lift’ a No Contact Order. This is usually done because the No Contact Order is imposing a hardship to the parties who are subject to the Order. For example, in domestic violence cases where the parties involved are married or living together, they may rely on each other for financial support and/or there may be children involved or they may just wish to work through their differences.
Despite the desires of the parties involved in a No Contact Order, it is still up to the court to ‘lift’ the No Contact Order, since it is the court that imposed the No Contact Order in the first place. If the parties desire to lift the No Contact Order, either the defendant or the alleged victim must ask the court’s permission before being able to resume contact with each other. This is done by filing a Motion to Lift No Contact Order. This Motion expresses the wishes of the parties to resume contact with one another. It also states that the alleged victim wants to lift the No Contact Order freely and voluntarily, that they do not fear or expect any future violence from the defendant and that they are not afraid of the defendant. The Motion also sets forth what type of contact the parties wish to have moving forward. This could be unrestricted contact or limited contact, contact for child visitation purposes only or only telephone contact, etc.
Once the Motion is filed with the court, the court will set a hearing. At the hearing the judge will make a decision on whether to modify or lift the No Contact Order. At these hearings, usually the alleged victim will provide testimony and may be cross-examined by the prosecutor and then the attorneys conclude with short oral arguments. The defendant is generally not advised to make any kind of statement at the hearing.
Violating a No Contact Order is a serious matter in Florida. If you looking to modify or lift a No Contact Order in Palm Beach or Broward County, call the Misdemeanor Clinic at (561) 425-8229 today or visit our website at www.misdemeanorclinic.com.