Stephen G. Cobb - Florida Criminal Defense Lawyer

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.com. 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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Stephen G. Cobb, Esq.

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