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How to get a no contact order removed?

Lakeland, FL |

My boyfriend is being charged with aggravated battery on a pregnant woman. I have to go to a domestic violence class on Monday, to sign a waiver to not press charges. Of course, that doesn't mean the state will pick it up. DCF is also watching us because of the situation, but they aren't being extremely difficult. I would just like to know how can I get the no contact order removed as soon as possible, and have DCF leave me alone? I'm a great mom, everyone who knows me, knows that. And the best thing for my son is to be reunited with his (step?) father. It's the only father he has ever known.

Attorney Answers 3

Posted

As far as DCF goes, they will conduct their own investigation. IN Polk County, your boyfriend could get a bond hearing to modify his bond/pre-trial release usually within 3 days, as they run a good docket over there. If you show up and testify that you want contact, and there is no strong objection from the state, the no contact provision will likely be removed. Otherwise, once the case is dropped (assuming that it will be once you complete the DV class) the non contact order will go away.

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Asker

Posted

I dropped the charges, and they changed his charge from a felony to a misdemeanor. But they still haven't told me if they are going to drop the charges...So how do I find that out?

Matthew West Kindel

Matthew West Kindel

Posted

Just follow up with them. As a victim, you have certain rights in a criminal case. The prosecutor will speak with you about the case. In Polk County, many times the prosecutor who files the charges is not the trial attorney, as they have a separate division that handles the decision whether to file. So just keep checking in until they give you an answer, but they are under no obligation to drop the charges simply because you so request.

Posted

If your guy hires a lawyer, that lawyer can file a motion to modify the no contact order. You should not contact him so an alternative would be to hire a lawyer who can contact the defendant and see if he hired a lawyer and if so to reach out to that lawyer and let him or her know your wishes. Regarding DCF, that is a difficult question as they don't want to see kids with Spouse abusers. Perhaps he is not but DCF takes hard line stance on these cases.

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 407-228-3838 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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1 lawyer agrees

Posted

Hire an attorney for him. You could appear at the next hearing and try to ask the judge to change the no contact to no violent contact.

R. Jason de Groot, Esq., 386-337-8239

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