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  1. #1
    Join Date
    May 2009
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    15

    Default Lifting a No Contact Order in Florida

    When I was in for first appearance the judge said that if he wanted to do so, my fiance could write the judge a letter requesting the no contact order be dropped.

    How does he go about this and what should he include in his letter..

    Since the judge is the one that said to have him request it be dropped, does that mean he will drop it?

    I've never been involved in any criminal anything and I have never known anyone that has so I am completley clueless as to how this all works...

    Thanks!

  2. #2
    Join Date
    Sep 2005
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    Default Re: Lifting a No Contact Order in Florida

    "Dear Judge, I want the no-contact order dropped because [insert facts and reasons here.] Sincerely, [Victim's name]."

    It is not automatic that the judge will drop the order. Talk to your criminal defense lawyer.

  3. #3
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Lifting a No Contact Order in Florida

    Quote Quoting goldie
    View Post
    When I was in for first appearance the judge said that if he wanted to do so, my fiance could write the judge a letter requesting the no contact order be dropped.

    How does he go about this and what should he include in his letter..

    Since the judge is the one that said to have him request it be dropped, does that mean he will drop it?

    I've never been involved in any criminal anything and I have never known anyone that has so I am completley clueless as to how this all works...

    Thanks!
    The Judge was not correct about simply writing a letter.

    Legally, the order will remain until the court changes it with another court order.

    Your fiance can file a motion requesting that the order be vacated, he will need to serve you with a copy and file the original with the court. Then, he'll need to have a hearing date set so that the judge can rules on the motion.

  4. #4
    Join Date
    May 2009
    Posts
    15

    Default Re: Lifting a No Contact Order in Florida

    Quote Quoting Xena
    View Post
    The Judge was not correct about simply writing a letter.

    Legally, the order will remain until the court changes it with another court order.

    Your fiance can file a motion requesting that the order be vacated, he will need to serve you with a copy and file the original with the court. Then, he'll need to have a hearing date set so that the judge can rules on the motion.
    I'm pretty sure thats what the judge meant and is considering a motion because after the letter was filed the order was lifted "at the request of the victim"...

    After speaking with the judge's assistant and state attorney, apparently here anyway, thats protocol. He didn't have to serve anything to me since it's not up to me one bit if the order is lifted. The judge's assitant's exact words were "You don't even have to know about it" and by taking his letter to her she filed it and the only person that needed a copy was the state attorney. The state attorney told me they do it this way because most of the time DBs are dropped, so the state attorney gets a copy of the request and then lets the judge know if she plans on dismissing the case anytime soon. If so, he drops the order, if not they set a hearing after arraignment.

    Doesn't make much legal sense to me either.. But I wont argue

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