NO CONTACT order issued during bail hearing. I understand I cannot have any type of direct or indirect contact with my spouse...
Fort Lauderdale, FL |
However, the specifics where not explained by magistrate. Am I allowed to go back home if I learn from my grown children that my wife has left the state? I have dogs that need to be cared for and things to collect.
First, look at your paperwork from the court and see what the conditions of your release states. It probably has a "no return" clause to the marital home. If it does, you cannot return there, even if she is not living there any more without violating the conditions of your release. Even if it doesnt state you are not to go to the residence, in the abundance of caution, I would have your attorney file a Motion to Modify the conditions of release enabling you to return to the home to retreive your belongings and retrieve the dogs. A violation of the conditions of release very well may result in your bail being revoked and you staying in jail until the resolution of your case.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship
Florida statutes have a list of "standard" conditions of release if you are charged under a domestic violence statute (either felony or misdemeanor). If you are on pre-trial release or bond for a domestic violence chage then your conditions of release are very specific as to contact: none. No direct or indirect. If your "victim" files an affidavit of non-prosecution with the prosecutor's office (954-831-6955) then your lawyer can set a hearing before Judge Richards and the judge will determine if the conditions can be modified. Remember, only the Judge can modify any pre-trial (bond) conditions. The "victim" cannot alter the Order, only the judge. Judge Richards (or Judge Cohen) usually schedule these hearings within a few days: both you, your lawyer and the "victim" have to appear before the Judge.