How do I get a no contact order removed in a closed dependency case?

Asked 11 months ago - Lakeland, FL

My children were taken away from me because my husband pulled me off the sofa in front of them and a no contact order was placed on my husband per DCF. He can no longer see my kids (he is their step-father). My kids really want to see him but of course they cannot and they do not, they know why. I have motioned the courts here in Polk County but the Judge just files the motions. My husband motioned the court it was filed. My child even wrote a letter to the Judge telling him that he wants to come home, again the Judge filed it away. I really need some advice because these visitations are not enough. I want my kids home and my family back together. Any advice will help. Thank you so much to all the Lawyers who took the time to respond.

Attorney answers (4)

  1. Carin Manders Constantine

    Contributor Level 19

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    Answered . You need to talk to the case worker and see if your Husband is still considered a danger to the children. Also, if the case is closed, the Motions may not matter. You may have to open a case in Family Court.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq.... more
  2. Wendi L Hall-Gonzales

    Pro

    Contributor Level 11

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    Answered . You have no provided enough information to give you good legal advise. I would suggest that you contact a family attorney. Many of the attorneys on this site offer free consults. The best advise in this situation is to talk to an attorney who can have all the facts in this case and give you solid advise. Hope this helps.

  3. Robert Jason De Groot

    Pro

    Contributor Level 20

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    Answered . You get a court order by making a motion and having a hearing on it.

    R. Jason de Groot, Esq., 386-337-8239
  4. Michelle Rene Fernandez

    Contributor Level 13

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    Answered . If it's a dependency case then the children have been "sheltered" until there is a determination that it is safe for the children to return. Whenever there is an instance of violence in the presence of a child, even if the child is never touched or involved, it is considered child abuse. Each party has a legal right to have an attorney appointed to them in dependency court if they cannot afford one themselves; have you been given an attorney? If so, it is important to bring these matters to the attention of your attorney so he/she can best explain your options.

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