Lifting No Contact Order after a Domestic Violence Arrest in Fort Walton Beach
If you were just released from jail after being arrested for Domestic Violence, you are probably scared about what comes next. You might be wondering how this happened in the first place, and what can be done to fix the mess that you’re in.
As a condition of your release, one of your bond conditions is most likely that you have no contact with the alleged victim. When I meet with clients in this situation, the first question they always ask me is about getting the no contact order lifted. No contact orders complicate an already frustrating situation. Not only are you now facing criminal charges, but you have been forced from your home. Helping you get the no contact order in Fort Walton Beach lifted will help ease some of your stress.
If you are in this situation, call me at (850) 243-6097 and I will explain the process for getting you back home as soon as possible.
How to get a no contact order lifted in Fort Walton Beach
At the state attorney’s office, there is a person that handles domestic violence cases and is the contact person for the alleged victim. This person is the Victim’s Advocate. It is their job to treat every single person they meet as a victim, whether the person considers him or herself a victim or not; regardless of whether the alleged victim wants to press charges or not. This person is our biggest roadblock to getting no contact orders lifted.
In order to get the prosecutor to agree to change the no contact order, I will need to get in touch with the alleged victim and get a statement from them. I will guide them in what needs to be said if they want to have contact. I will have them swear to an affidavit that requests contact, and that the charges be dismissed.
In most cases, if the alleged victim says what we need them to say (and there are very specific things we will need them to say), the prosecutor will agree to modify the no contact order and change it to no violent contact. If they agree, I will draft a Motion, have the prosecutor sign it, and walk it personally to the Judge with an Order. Once the Judge signs that Order, you will be back in your home that same day.
What if the prosecutor won’t agree to change the no contact order?
Depending on the facts of the case, and on whether our client has any prior arrests for Domestic Violence, sometimes the prosecutor will object to lifting the no contact order. If they object, I will file a Motion setting a hearing before the Judge. Then it will be up to the Judge to decide whether it is appropriate to change the contact order. Both of our domestic violence Judges in Fort Walton Beach, Judge Grinsted and Judge Maney, are very fair and will listen to our side before making a decision. It will also help a lot if the alleged victim is present in court and is willing to go on the record requesting contact.
Call a Fort Walton Beach Domestic Violence Attorney for Answers
As I said earlier, I know you are anxious to get home and start putting the pieces back together. Once you call me, we will get started immediately taking the necessary steps to getting your no contact order lifted so you can move back home.
If you are ready to put a professional Fort Walton Beach Domestic Violence attorney to work for you, call Flaherty Defense Firm at (850) 243-6097. The call is free, and we are available 24/7.