Getting a No Contact Order Lifted in Crestview After a Domestic Violence Arrest
If you just got arrested for Domestic Violence in Crestview, you are probably wondering what is going to happen next. You might be looking for answers on how to get back in your home and with your family as soon as possible.
If you are the victim in the case, you might be worried about what is going to happen with your loved one removed from the home. If you have kids, or bills, or other shared responsibilities, how are you supposed to communicate if there is a No Contact Order?
Either way, you have come to the right place. We can help.
When someone is released from jail after a domestic violence arrest in Crestview, the Judge usually issues an order of No Contact. It is important to understand that No Contact means that even third-party contact is prohibited, unless it is from an officer of the court.
My name is Tim Flaherty. I’ve been a criminal defense attorney in Crestview and Okaloosa County since 2001. Along with my partner, Brandy Merrifield, we have extensive experience defending domestic violence cases. We understand what is at stake and we will work on getting your family reunited as soon as possible.
As the defendant, should I try to get the victim to drop the charges?
Absolutely not. If you violate the No Contact order, your bond will be revoked and you will likely stay in jail until your case is over. You could also be charged with the separate felony offense of Influencing, Intimidating, or Harassing a Witness. Don’t make a bad situation worse. Let your attorneys make contact with the victim.
How can an attorney get a no contact order lifted in Crestview?
We are very blessed to have a paralegal working with us who is very compassionate and very experienced in dealing with domestic violence victims. Her name is Brittni. The first thing we will do is have Brittni reach out to the victim. She will ask them their side of the story, and ask if they would like to have contact. She will also ask if they will file paperwork requesting that the charges be dropped.
If the victim cooperates with us, and is willing to fill out affidavits saying what we need them to say, we will file the affidavits and reach out to the State Attorney. In some cases, the prosecutor will agree to modify the No Contact order to No Violent Contact. If we get their agreement, the process is very simple. We will draft the Motion to Modify Contact, get it signed by the prosecutor, and send it to the Judge’s office. Once the Judge has it, it usually only takes a day or two to get it signed, and then you can move home the same day.
What is the process if the State Attorney refuses to agree to lift the No Contact order?
Unfortunately, this happens in Crestview more than it does in Fort Walton Beach. Different prosecutors and a different Judge. If the State Attorney won’t agree to lift the No Contact order, we will file a contested Motion and demand a hearing in front of the Judge. Sometimes, just setting the hearing is enough to get the State Attorney to agree. But if not, we will have a hearing in court before Judge Ward at the Crestview courthouse. We will present our arguments to the Court asking him to modify or lift the No Contact order and allow you to move back home.
We will ask the victim to be at the hearing and be prepared to answer questions from the Judge. Usually, the Judge will ask if the victim is afraid of the person moving home, and if anyone is forcing them to make the request. As long as the victim gives the appropriate answers, there is a good chance the Judge will grant the Motion and allow you to move back home.
Whether you are the defendant, or a victim who wants your loved one back home, call Flaherty Defense Firm at (850) 398-8098 when you are ready to put professional Crestview Domestic Violence attorneys to work for you and your family.