How Is a No-Contact Order From a Domestic Incident Removed in Florida?

 Posted on August 22, 2025 in Criminal Defense

When a domestic incident leads to an arrest, Florida courts often add a no-contact condition to your release. As long as the order is in place, you must avoid the party it is meant to protect. If the alleged victim wants to restore communication, often for family, childcare, or counseling reasons, you have legal options, but the judge alone can change the order. Understanding the process, the risks of a violation, and the role a Miami, FL domestic violence defense attorney plays can help you move forward safely and lawfully.

Getting Your No-Contact Order Removed When the Victim Wants It

No-contact conditions are common terms of pretrial release under Florida Statutes § 903.047. They usually ban in-person contact, calls, texts, social media messages, third-party relays, and approaching the victim’s home, school, or work. Even if the alleged victim is willing to communicate, any changes to this order must first be approved by the court.

Your attorney typically files a motion to modify or lift the condition and requests a hearing. The judge may ask the victim to appear to confirm the request, ensure it is voluntary, and discuss safety planning. The court also considers whether you have a history of violence and the role of alcohol or drugs in the situation. If you are in counseling, they will want to see if you have shown progress.

Ultimately, the court may decide to keep the order, allow "no violent or harassing contact," or lift the restriction entirely. If a separate civil court order that requires you to stay away exists, it is not changed just because this one is. The criminal court can modify your pretrial condition, but only the civil court can change a civil injunction.

Consequences of Violating a No-Contact Order

Under § 903.0471, a judge may revoke your bond and take you back into custody for breaking an active no-contact order. Courts can also impose contempt penalties or tighten supervision.

If a civil domestic violence court order is in place, violating it is a first-degree misdemeanor under Florida Statutes § 741.31. Even one text, social media message, or indirect contact through a third party can qualify. A violation can damage plea negotiations, increase sentencing exposure, and make the court far less likely to allow contact later.

How Can an Attorney Help You Get a No-Contact Order Removed in Florida?

A skilled defense lawyer does more than simply submit a form. When trying to get a non-contact order lifted, a criminal defense attorney will:

• Review your case to see if a change is realistic

• Ensure that the victim’s request is voluntary

• Suggest clear, safe-contact rules (no violence or harassment, supervised exchanges, parenting app)

• Provide proof of counseling, treatment, or obeying stay-away zones

• Prepare you for the hearing and address the prosecutor’s concerns

• Coordinate with the civil court to modify any separate injunction so you do not violate it

Judges respond to concrete safety steps, accountable communication plans, and proof of progress.

Schedule a Free Consultation With a Miami-Dade County, FL Criminal Defense Attorney

If you hope to restore contact after a domestic incident, do it through the court with a plan that protects everyone involved. At The Hoffman Firm, our Miami, FL criminal defense lawyer offers 24/7 availability and brings an experienced and aggressive approach to every case. Attorney Evan Hoffman treats clients with compassion, offering personalized service. We make the process as convenient as possible, even traveling to you if necessary. We will work to present a strong, safety-focused plan to the judge while protecting your rights. Call 305-249-0090 today to schedule your free consultation.