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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 1081
Experience:  Managing Attorney at a Law Firm
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I am trying to look for information on how to lift a no

Customer Question

i am trying to look for information on how to lift a no contact order i am not the defendant
JA: In what state did this occur?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 1 month ago.

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

Expert:  Nisha Jones, Esq. replied 1 month ago.

I'm happy to help you get the information you need, is this a civil no contact order that was put in place by a family court judge, or is it a criminal no contact order issued as part of a criminal case?

Expert:  Nisha Jones, Esq. replied 1 month ago.

I see that you mentioned you are not the defendant in this case ..so I'm going to assume it's a criminal case since I haven't yet heard back from you yet, and send you the appropriate information.

The no contact order in a criminal case can only be lifted by the judge who is overseeing the case, it is 100% in that judge's discretion.

The judge usually won't lift the no contact order very early on in the case, because he/she usually wants to wait and learn a bit more about what happened, and see how the case unfolds so they can make a more informed decision.

The no contact order is in place to protect the alleged victim in the case, so for the most part judges tend to stick to the side of caution and wait until the case progresses a little further before lifting the order.

That being said, in order to have it lifted, the alleged victim in the case needs to make an appearance in court and let the judge know that they would like the no contact order removed. The judge will then ask the victim questions pertaining to whether they feel safe, whether the alleged battery or assault took place, what the victim feels has changed, etc.

The defense attorney can also file a Motion requesting that the order be lifted, but the judge will still want to hear from the victim in the case before they will grant the removal of the order.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Expert:  Nisha Jones, Esq. replied 1 month ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!