If my boyfriend is in jail for domestic violence, how do I get a no contact order removed?

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If my boyfriend is in jail for domestic violence, how do I get a no contact order removed?

He has completed the batterers intervention and I would like to reunite with him, however the judge put a no contact order in place for the duration of his incarceration and his 3 year probation to follow.

Asked on January 24, 2016 under Criminal Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You could try to file a motion on your own... however, you are technically not a party to the criminal suit... but some judges will let you file a motion expressing your preferences.  Your boyfriend may want to file an accompanying motion... however, it needs to be clear from both motions that you and he have had no contact.  If the motions suggest or indicate that you and he had contact, you run the risk of the judge revoking his probation for violation of a material condition of his probation (namely, no contact with you). 
Once you file the motion, you will need to have it set for a hearing.  You will both need to demostrate that there will be no future issues.  To assist, it would be good to show the judge that you have participated in victim counseling so that you know if an issue re-arises, that you will not remain a victim because you understand the dynamics of life with an abuser and how to get out of the situation. 
The judge is not required to grant the motion, only to consider it.  If the judge is still concerned for your safety, he can deny the motion. 


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