How do a write a motion to lift a no contact order resulting from a domestic violence charge where I am the so called victim in FLorida?

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How do a write a motion to lift a no contact order resulting from a domestic violence charge where I am the so called victim in FLorida?

I bonded my boyfriend out to learn that we have a no contact order and he is on a gps system. THere were no injuries and this was a result of stress and alcohol. He had taken my keys and wallet which I found later. The police would not help unless I agreed to make a statement which I did and told them he grabbed my hair and pushed me and took my things. The money in my account that he wanted was his. I am unemployed and can not hire an attorney. He is the one employed at this time. All of his work stuff is with me and he needs to come home and get to work,.

Asked on May 27, 2009 under Criminal Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I can't give you firm advice here, without all of the facts of your case; my experience tells me that there is quite a bit more to the story.  In any event, I'm not a Florida attorney, and there may be variations in the law that could make a difference.

Your question doesn't make it quite clear whether the statement that you gave to the police was truthful or not.  Admitting to a false statement to the police, especially if it resulted in a restraining order, could expose you to criminal charges, and there would also be the possibility of a lawsuit against you by your boyfriend, if he becomes your ex-boyfriend before the statute of limitations (probably at least a year, maybe two or three) runs out.

You may be able to get help from legal services, or a center for women's rights or victims of domestic violence, and I would look for that and take advantage of it, if you can.  Otherwise, you will have to go to the court, and see if you can get the forms needed to have the order vacated.


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