what type of lawyer do i need for a no contact order

Do I Need a Lawyer for Issues with a No-Contact Restraining Order? Yes, it is essential to have the assistance of a criminal lawyer for any issues you are facing with a no-contact restraining order. A no-contact restraining order can be very useful in providing you with protections under the law.

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When to use a no contact order in a case?

Feb 23, 2010 · While it is still in the discretion of the court to order the no contact provision, a lawyer may be able to help you make the best case for why the court should not do so, and prevent the order from permanently issuing. A few attorneys around town represent victims in these matters. I do, as well as some other good lawyers.

Do I need a lawyer for a no-contact restraining order?

Oct 30, 2020 · Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

How do I enforce a civil no contact order?

Yes, it is essential to have the assistance of a criminal lawyer for any issues you are facing with a no-contact restraining order. A no-contact restraining order can be very useful in providing you with protections under the law. An attorney can assist both a party who is seeking legal protection and a party being subjected to a no-contact restraining order to ensure that their rights are …

How do I get a no contact order in Texas?

A no-contact order prohibits a person from being in physical or verbal contact with another person, whether that is face-to-face or over the phone/internet. This type of order is filed when an action has already taken place. For instance, if there is a domestic abuse charge, a no-contact order would prohibit the abuser from coming into contact ...

What can a lawyer advise on?

A lawyer can advise an individual what they may be entitled to in their state, as laws vary by state. Issues may include alimony and child support. Without a lawyer, an individual runs the risk of inadvertently waiving their rights to alimony, visitation with their children, or even custody of their children.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Can a guilty plea affect immigration status?

Some guilty pleas, even to misdemeanor charges, can have long-term consequences. A guilty plea can also affect immigration status or lead to deportation of a non-citizen. It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

Do I need a lawyer for a prenup?

In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer. In some states, it is required, unless expressly waived, that an individual is represented before signing a prenuptial agreement. Many family law matters begin after a couple has been married.

What are the consequences of a no contact order?

Violations of a court-issued no-contact order can result in the following consequences: Criminal penalties for the person in violation, such as fines, loss of civil rights, and possible jail or prison time.

What is a no contact provision?

Requiring the children of the offender to be removed from the jurisdiction. Thus, the no-contact provisions provide the victim with a “space” wherein they can be free from contact with the offender.

What is a restraining order?

A restraining order is a type of court order that instructs an individual to abide by certain conditions. It may also direct the individual to refrain from doing certain acts. A restraining order is issued by a judge and is therefore enforceable according to various state laws. Violations of court-issued restraining orders can lead ...

Can a judge modify a no contact order?

Therefore the judge may order any directives that are reasonable and which they feel are necessary for the victim’s protection. No-contact orders can also be modified or altered over time in response to the offender’s behavior.

What is a no contact order?

A no-contact order prohibits a person from being in physical or verbal contact with another person, whether that is face-to-face or over the phone/internet. This type of order is filed when an action has already taken place.

How to get a no contact order lifted?

To get a no contacted or lifted, the protected person will need to reach out to the county clerk in the jurisdiction the complainted was filed. The details of terminating a no contact order can vary by jurisdiction.

What is a no contact order violation?

No Contact Order Violation. A violation of a no-contact order is serious and against the law. A no contact order violation happens any time the defendant comes in contact, directly or indirectly, with the protected person. Many orders forbid the defendent from physically harming the victim, as well as from carrying a firearm or weapon.

What is a restraining order?

With a restraining order, a dispute or crime does not have to take place first – it can simply be used as a preventative and protective action.

What happens if you violate a no contact order?

Violation of No Contact Orders. If a person violates a no contact orders, he or she can face serious consequences. Consequences often include potential jail time, the payment of fines or the loss of certain civil rights. Generally, consequences related to contempt of court can be imposed on a person who violates a no contact order.

What is prohibited contact?

Prohibited Contact. A no contact order usually instructs the defendant not to have any in-person contact with the alleged victim. The defendant is instructed to stay a minimum number of feet away from the victim’s place of residence, employment and known areas that he or she frequents.

Why is it important to seek legal assistance?

As such, it is important to seek legal assistance to defend against the issuance of a no contact order. A lawyer can help lodge an effective defense in an attempt to avoid a no contact order being issued. If a defendant is charged with violating an existing no contact order, he or she should seek immediate legal assistance to avoid ...

Is a no contact order a crime?

Violating a no contact order is considered a crime as well as a violation of a probation, parole or bail conditions. If a court determines that a person on probation has violated the no contact order, his or her original sentence may be imposed. For example, if the person received a one-year sentence that was suspended, ...

Can a defendant have direct contact with a victim?

The defendant is often instructed not to have direct or indirect contact with the victim, such as giving a letter to a third party to give to the victim. The prohibitions on contact remain in effect even if the victim initiates the contact.

What is a no contact order?

The no contact order is issued along with the court’s conditions of release over a defendant. These orders come from what ever court is prosecuting the underlying crime, it can be a district, municipal or superior court. If the order is violated, the defendant shall be arrested and the issuing court may also modify the defendant’s conditions ...

What happens if a court order is violated?

If the order is violated, the defendant shall be arrested and the issuing court may also mod ify the defendant’s conditions of release. The orders have no cost. Hopefully this analysis of each will help people understand the subtle differences between each order.

What is an order of protection?

Order of Protection. This is a civil order for people who are a victim of domestic violence or are in fear of violence. It can be tailored to individual needs, but typically it functions to: 1. Prohibit contact of any kind. 2. Remove the abuser from the shared residence. 3. Give temporary custody of children.

What is a restraining order?

This is a civil order for married persons or persons with a child in common who are filing for divorce, legal separation, custody or to determine parentage. To qualify, the person asking for the order does not need to have experienced assault or threats of violence.

What is an antiharassment order?

Antiharassment Order. This is a civil order for persons who are seriously alarmed, annoyed, or harassed by conduct which serves no legitimate or lawful purpose. No relationship between the parties is necessary. This type of order functions to: 1. Prohibit harassment or contact of any kind. 2.

What is a criminal order?

This is a criminal order that is put in place when a criminal case is pending, and will often be issued again at sentencing. No relationship between the parties is necessary. This type of order functions to: 1. Prohibit contact of any kind while a case is pending, and also prohibit contact of any kind after sentencing.

How much does it cost to file a child custody case?

8. Establish permanent child custody or use of the family home. There is a filing fee of $110 and they are obtained in superior court as a part of a family law action. If it is violated, the violator may be arrested and possible criminal or contempt charges may follow.

What is a no contact order?

A program to help you ask the court to order a person who is stalking you to stay away and stop contacting you. Civil no contact order request Easy Form. A program to help you ask the court to order an abuser to stay away from a victim, the victim's family, and home.

Can a no contact order be extended?

It may be extended for longer until a hearing takes place for a Plenary No Contact Order (see below). A person can get an Emergency No Contact Order without their stalker, abuser or assailant knowing about it. The order will tell the abuser when to come to court.

What is a no contact order?

It’s an order issued at the accused’s bond hearing that prohibits any contact between the victim and the accused. The order is to be taken very seriously as it is a court order. The Order is in effect as long as the case is pending unless it is changed by a Judge. The parties cannot on their own decide to not follow the “no contact” order.

What happens if you violate a no contact order?

Violating a no contact order is the same as violating a Judge’s Order. You could face jail time and/or fines in addition to the domestic violence ticket/warrant.

Can a no contact order be dismissed?

Yes. The Defendant’s attorney can ask for the no contact order to be dismissed in any type of Domestic Violence case. It will up to the Judge to determine whether this request will be granted based on the facts presented by the defense attorney and the state at the hearing.

How to request no contact order dropped?

The victim can also request that the no contact order be dropped through directly contacting the Solicitor or Prosecutor who is assigned to the case. They can also contact the law enforcement agent or police who is in charge of prosecuting the case.

Can a domestic violence case be dropped?

Just as a domestic violence case will not necessarily be dropped if the victim wants it to be, neither will a no contact order. The Judge may be concerned about the victim’s safety, regardless of whether the victim says he/she is afraid of the defendant. Once the police are called, the State/ Courts become part of your private lives/marriage ...

How to lift a no contact order?

Since it was the court that imposed the no contact as a condition of the defendant’s pretrial release in the first place, a defendant or alleged victim must seek court’s permission before resuming any form of contact. This is accomplished through the filing of a Motion to Modify Conditions of Pretrial Release, which sometimes styled as a Motion to Lift No Contact Order. Broadly speaking, the motion will state that: 1 The parties wish to resume contact; 2 The alleged victim seeks to lift the order freely and voluntarily; 3 The alleged victim is not afraid of the defendant; 4 The alleged victim does not fear or anticipate future violence; 5 The nature of the contact the parties wish to have (unrestricted contact, limited contact, no violent contact, no unconsented contact, contact for purposes of child visitation, telephone contact, third party contact, etc.).

What does "no contact order" mean in Florida?

Unless otherwise specified by the court, a no contact order in Florida means that a defendant is to have no interaction- direct or indirect- with the alleged victim. The defendant can not call, text, e-mail, write, fax, leave messages for, instant message, send packages to, gesture towards, touch, or even intentionally be in ...

Can a domestic violence defendant go to jail?

Moreover, in domestic violence and most other cases, a defendant will automatically be placed on a “no bond” status, at least until first appearance.

Where to file a no contact order?

You can file a Civil No-Contact Order in the civil clerk’s office in the county where you reside , the county where the act (s) of unlawful conduct occurred, or the county where the abuser resides. For a listing of civil clerk’s office click here.

What is unlawful conduct?

Unlawful conduct under the statute is defined as “the commission of one or more of the following acts by a person 16 years of age or older upon a person, but does not include acts of self-defense or defense of others.”. The acts included are nonconsensual sexual conduct, even if there was only one incident, and stalking.

What is a 50C order?

No Contact Order – 50C. A Civil No-Contact Order (sometimes commonly referred to as a “50C order”) is a restraining order that is designed specifically for victims of sexual assault or stalking who do NOT have a “personal relationship” with the offender. It is different from a general restraining order because it allows a judge to order more ...

What is a spouse?

Are current or former spouses; Are persons of opposite sex who live together or have lived together; Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren.

Is stalking a felony?

In addition, if the offender is stalking you while you have a Civil No-Contact Order (or any court order) in place which forbids the offender from contacting or harassing you, it elevates the stalking crime from a misdemeanor to a felony.

What is a dating relationship?

Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship.

What are the types of relief?

The most common types of relief include: Ordering the defendant not to visit, assault, molest, or otherwise interfere with you. Ordering the defendant to cease stalking you, including at your workplace. Ordering the defendant to cease harassing you. Ordering the defendant not to abuse or injure you.