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  1. #1
    Join Date
    Apr 2009
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    3

    Default No Contact - Florida Law for Removal

    My question involves restraining orders in the State of: Florida

    Two people are engaged in a relationship and become codefendants in a crime. #1 given probation (with no contact order), and #2 a prison sentance (with a no contact order of TEN YEARS). These people have NEVER been in trouble before, and NO PRIOR criminal history. The courts forgot to add the no contact order to the stipulation of probation on #1. When the probation terminates how difficult/what is the law and procedure that should be gone about to remove the no contact order on #2's end?

    I understand an attorney will be necessary for #2 but what is the florida law regarding this situation?

  2. #2
    Join Date
    Feb 2007
    Posts
    2,032

    Default Re: No Contact - Florida Law for Removal

    Quote Quoting allure
    View Post
    My question involves restraining orders in the State of: Florida

    Two people are engaged in a relationship and become codefendants in a crime. #1 given probation (with no contact order), and #2 a prison sentance (with a no contact order of TEN YEARS). These people have NEVER been in trouble before, and NO PRIOR criminal history. The courts forgot to add the no contact order to the stipulation of probation on #1. When the probation terminates how difficult/what is the law and procedure that should be gone about to remove the no contact order on #2's end?

    I understand an attorney will be necessary for #2 but what is the florida law regarding this situation?
    It not gonna happen. It just won't.

  3. #3

    Default Re: No Contact - Florida Law for Removal

    Not only won't it happen, but violation of that order by #2 will land #2 right back in prison. Florida doesn't mess around when it comes to such orders.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  4. #4
    Join Date
    Apr 2009
    Posts
    3

    Default Re: No Contact - Florida Law for Removal

    I am asking how difficult it will be to remove the no contact order. The other person will be off probation, and have no restraint against them.

  5. #5
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: No Contact - Florida Law for Removal

    Quote Quoting allure
    View Post
    I am asking how difficult it will be to remove the no contact order. The other person will be off probation, and have no restraint against them.
    As the others have said, it will be extremely difficult, if not impossible to have the order vacated.

    When the probationer has finished the probation, he or she should get a consult with an attorney to find out what the realistic chances are.

  6. #6
    Join Date
    Apr 2009
    Posts
    3

    Default Re: No Contact - Florida Law for Removal

    Thank you Xena, that was what I was planning on doing. That was informative and helpfull! Instead of just dreary.

  7. #7
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: No Contact - Florida Law for Removal

    Quote Quoting allure
    View Post
    Thank you Xena, that was what I was planning on doing. That was informative and helpfull! Instead of just dreary.
    I try hard to be exciting rather than dreary.

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