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How Do I Get A No-Contact Order Lifted In A Domestic Violence Case?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

Good evening and welcome to Florida Criminal Law. My name is Stephen G. Cobb. And as you can see, today is casual Friday. I do not have court and we are going to do something a little different; we are going to be answering your questions because I am thrilled at the number of people who have been writing into our email asking me questions wanting to know more about my favorite subject, which is, Florida Criminal Law.

So, let’s get to some of those reader questions. And if you have questions, just drop us an email at info@cobblawfirm.otmdev.co. So, let’s go over and take a look at the first question because I have got tons of them.

A writer asked me and they wanted to know “How do I get a domestic violence no-contact order dropped?” Well, let me tell you how not to get a no-contact order dropped. Contact a family member who then contacts the complaining witness. Contact the complaining witness directly, take an aircraft, hire it, have it tow a banner a mile away that is visible from the complaining witness. Yes, all of those things will get you arrested for violating a no-contact order, so do not do them. Do not contact the complaining witness who the state will call the “Victim” in any way whatsoever. What you do instead is you hire a competent legal team and then the competent legal team can file what is known as a motion to change bond conditions. Now, this is much easier if the complaining witness does not want to prosecute. Does that mean the case goes away? Absolutely not. But what it does mean is you can use that information to help while the case is pending, get the no-contact order reduced and changed to a no violent contact order.

What this basically means is that instead of the defendant being kicked out of their house having to live with family, friends or god forbid in an expensive hotel for months and months while the case is pending, it is possible to do a motion for change of bond conditions and a key component of that is if the complaining witness is helpful. Now, the way we do it is a little bit different than a lot of other law firms. A lot of law firms and lawyers want to do a dog and pony show to show you how hard they are working, I have this view that people care more about the results than a show. So, instead of doing it in a showy way, we try to get the complaining witness onboard with a notarized statement and then from there, I do a prosecutor call or a co-counsel does a prosecutor call depending upon which one of us is the better person to do it because I do not have to be a hero; I am more concerned with getting things right for you. In other words, what is right is far more important than who is right or who gets the creditor or anything else. The goal is to get you or your loved one home. And when you have a favorable complaining witness, that helps.

Now, let me tell you how not to do it in another way. Do not expect the complaining witness to go to the prosecutor’s office, make a request to drop charges, make a request to change bond conditions because they are going to start loading up the complaining witness with all types of hoops to jump through, counseling to go through etc., before they will agree to it. Why? Because they know that you do not know what you do not know and they are going to use that to take advantage of you. So, make sure that you hire competent counsel, preferably one that has a systemized approach, using a litigation team, and then from there, they are going to do it one of two ways with a stipulated or agreed upon motion to change bond conditions or alternatively, by conducting a hearing if the prosecutor will not agree with it. So, that is how you get a no contact order changed to no violent contact, which will enable the person charged to go back home.

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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