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What is the penalty for violating a no contact order! In a dcf case for family court, never been arrested for the act

Homestead, FL |

I have court on October 28 2011 can I get probation instead of jail time

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Attorney answers 1

Posted

You may be looking at a civil or criminal contempt of court charge or first degree misdemeanor. It was a DCF no contact order? A domestic violence injunction? Not sure which you are saying. The no contact order probably has language in there indicating what may happen if you violate the same. The extent of the punishment for violating the no contact order may directly relate to how and what you did to violate the no contact order. Did you intentionally go somewhere or have intentional contact when you knew it was prohibited? Was it accidental? Was it beyond your control (accidental)? Did you physically harm someone? Stalk them? Call them? Harass them? Threaten them? If it was something minor like you sent a text message saying hello (which you should not do), the punishment may not be more than a warning from the court to stop it or you will have a more severe punishment in the future. Whereas, you went and hit or hurt someone, a more severe punishment is warranted. A good bit of these decisions depends upon the particular judge, the DCF representatives, prosecutor, and/or the victim's statements. There is no way of predicting what will happen and whether you have a chance at probation instead of jail.

Please note that answers to these questions and/or comments are not intended to be legal advice and are for informational purposes only. This response does not create any attorney-client relationship. This answer and/or comment is based on minimal facts and the response or comment to the same may change if other factors are discovered. As such, this is a general response and/or comment that should not be relied on as legal advice. Please contact an attorney who can provide a full assessment of your case.

Asker

Posted

It's a dcf case!! And the only thing I did was text my wife a couple times and someone said they seen us together

Dana Elaine Quigley

Dana Elaine Quigley

Posted

What you said in the text messages may be relevant and did she respond? If so, what did she say in her response. You might want to find a way to print out the text messages or go back and read them to see what you said. I have had cases where both parties to the no contact order and/or injunction disregard the court's order and the judges in the past haven't done much about it. I am not saying that you won't be punished but it doesn't sound like you did anything incredibly harmful. Unless you sent some threatening or nasty text messages. But, whatever you do don't call her or text her to discuss it!!!

Asker

Posted

Just things that two people who love each other will say

Asker

Posted

Shes not against me we don't argue at all just that one time that got me here now! I'm complying with all my classes. But the judge said someone is going to jail and now I'm waiting to see what he will do! My public defender said he's just scaring me

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