Legal Question in Criminal Law in Florida

My boyfriend and I got into an argument which escalated and an anonymous call was made to the police. I did NOT press charges however the state of Florida took over and charged him with battery (dating violence). He was released on bail, however he has a no-contact with victim clause until the hearing one month from now. I was not physically abused. We want to meet but need to know the risks. Are the police patrolling our homes? Are they tracking our phone calls? If seen together can he be arrested if I have not filed a complaint? Is there any standing procedure for nullifying the clause?


Asked on 7/03/10, 11:34 am

1 Answer from Attorneys
Amir Ladan The Ladan Law Firm, P.A.

The no contact order is a standard bond condition in domestic violence cases. Its three main purposes are: 1) to protect the victim from any future violence; 2) to provide a cooling off period; and 3) to prevent witness tampering. Notwithstanding these concerns, your boyfriend can file a motion to modify the conditions of his release through an attorney. If granted, the motion could allow contact with certain conditions, such as a "no violent or hostile contact" order. It is likely that the State Attorney's office would expect to hear from you directly regarding your wishes to have contact with him and depending on the jurisdiction, they may call you in for an interview or may require you to appear at the motion hearing to testify under oath. If your boyfriend is found in violation of the no contact order, he will have his bond revoked & will go to jail, so it is unadviseable that you have contact unless and until the court grants a modification. Please feel free to call my office for more information.

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Answered on 7/04/10, 4:45 am


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