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How can i get a no contact order dropped?

Panama City, FL |
Filed under: Domestic violence

Im currently 33 weeks and 5 days pregnant my boyfriend is facing felony aggravted battery on a pregnant woman since ive been 15 weeks pregnant and we have had a no contact order ive went to the state attorney's office dropped charges wrote a letter to the judge and have attempted to contact his attorney but no one will budge i want him here for the birth of the baby and so she can have a dad.

Attorney Answers 3

Posted

You don't say whether or not he did it. You don't have to on this forum, but if he did you don't want him to be the dad for your child. If your child is a boy, he will teach the child to disrespect you and physically abuse you, and he will hurt the boy. If your child is a girl, I don't even want to go there. If you want to go back to this man, I understand that change is hard, but get out now while you can before he kills you. Try to meet a good man who will respect you and your child. If you go back to a man like this you could wind up losing your child and you could well wind up losing your life. Also, the fact that you decided to drop charges makes no difference at all, the state can still choose to prosecute. Aggravated battery on a pregnant woman is a serious crime by a bad person. The state is right to prosecute it.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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2 comments

Richard Earl Hornsby

Richard Earl Hornsby

Posted

Aren't you all high and mighty. You have no idea what the facts of this person's case are or if the "battery" was a simple touching or a violent strike. Keep up the insightful commentary.

Heather Morcroft

Heather Morcroft

Posted

I'm sorry you feel that way. Perhaps its the difference in perspective between family law and criminal law. Please note that I started with the caveat that it was not clear whether or not the asker was saying this happened or not. And pointing out that it was up to the prosecutor whether to prosecute or not. Given that the charge is aggravated battery, I am making the assumption that it was more than a simple touching. And I never once suggested that the boyfriend is not entitled to the best defense, which I am sure you could give him, complete with sarcastic and nasty comments. Nonetheless, I stand by my answer.

Posted

I agree with my peer and would also state that if there is still a no contact order in place, the police, the State Attorney and Judge must think there is enough evidence to prosecute him for the crime, no matter what your wishes are.

You do seem to be vulnerable to the effects of emotional, physical and financial abuse. If you were abused by this man, please seek help. Florida has numerous resources to assist you in making decisions about this relationship and the care of your child. Please go to http://www.fcadv.org/centers/local-centers, for more information.

Let me also add that if he did do this, and he is convicted, and you allow him to be a part of the child's life, without the Court's approval, you may find yourself facing a charge of failure to protect the child and DCF could become involved. Please consider what is best for your child before you reconcile with a man who was arrested for beating you while you are pregnant.

Good luck to you.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445

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Posted

I agree with my colleagues unless of course he did not do the things you originally claim he did. Furthermore as a victim you can have legal representation and file a motion with the court on your behalf. Of course the judge will look at the facts and determine if it is safe for you to have contact and may or may not grant the motion.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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