Questions and Answers About South Florida DUI, Criminal, Domestic Violence Cases and Home Insurance Claims
Many of those charged with a crime in Florida have little experience with the law, and they naturally have many questions. From information about how the local legal system works to the possible consequences of your charge, find answers to many common questions here.
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What are the domestic violence diversion programs?
Pre-trial diversion programs are one of the major ways to get a domestic violence charge dismissed.
If you qualify for a diversion program and complete it, the charges against you are guaranteed to be dismissed—making the diversion programs a great way to avoid trial, which is NEVER a sure thing.
However there are some downsides with the diversion programs. One, they usually require a higher level of anger management, sometimes all the way up to the 26-week Batter’s Intervention Course. These classes are time-consuming and costly.
Also, if you don’t complete every single requirement, or are re-arrested you will fail out of the program.
To find out if a domestic violence diversion program is right for you, give us a call at 754-999-2499.
How much does Batter’s Intervention Program cost?
The Batter’s Intervention Program typically costs between $700 and $1,000 including all fees and transportation costs. Participants are charged an enrollment or program fee, along with a $30 participation fee for each weekly group counseling session, which there are 26 of.
Can a criminal no contact order be modified?
Yes, criminal no contact orders can be modified or dismissed by the judge. However in order for this to happen, the alleged victim will have to appear in court to explain to the judge why he/she wants the no contact order either modified or dismissed.
Even if the alleged victim asks for the no contact order to be modified, the judge can still say no. This is likely to happen if there is a longstanding history of abuse between the parties. If that is the case, it could even result in more anger management sanctions on the defendant.
What is Batter’s Intervention Program?
Batter’s Intervention Program is a 26-week course designed to address the root causes of domestic violence and prevent participants from committing acts of domestic violence in the future.
It is monitored by the Department of Children and Families and costs between $700 and $1,000 to complete.
To get into batter’s intervention program you have to go through an initial assessment, which includes a psychosocial evaluation, to determine if you need any additional mental health or substance abuse treatment.
You also have to sign a contract admitting responsibility for your actions and follow strict rules on class behavior and attendance.
There’s a one-time orientation followed by 26 straight weeks of group counseling sessions.
If you are interested in learning more about batter’s intervention program, or how it applies to your specific case, give us a call at 754-999-2499.
What are the penalties for violating a criminal no contact order?
The consequences for violating a no contact order are not good.
The state attorney could file a separate criminal charge against you for violating the order, which is considered a misdemeanor crime.
The judge could hold you in contempt of court for violating the order.
Or, if your criminal case is still pending, the judge could revoke your bond—meaning you’d go back to jail.
If you’re on probation and you violate the order, it’s considered a violation of probation—meaning your probation will be revoked and you’re looking at the maximum sentence.
If you have violated a no contact order, or are worried about violating one, call our office at 754-999-2499 so we can help you figure out the best course of action for you.
What is the difference between a restraining order and a no contact order?
While both a restraining order and a no contact order mean you have to stay away from a particular person, they are still very different. A restraining order is civil and it’s own separate case against you, where as a no contact order is pursuant to a criminal case against you.
Let’s say you have a domestic violence charge against you. That is a criminal charge, and the judge is most likely going to issue a no contact order. The longest it can last is for the duration of the case plus 12 months of probation after the case is over.
A restraining order is a separate action altogether. If someone files a restraining order against you and the judge grants it, it can last for as long as the judge decides—even if that means forever.
Another important difference to note is that with a no contact order you don’t lose your access to guns, where as if a restraining order is granted against you, you are no longer able to have any guns.
What is a no contact order?
If you’ve been arrested for any domestic violence charge, there is usually a no contact order issued against you. The court issues this order in order to protect the alleged victim.
Under a no contact order you are prohibited from going within a set distance, usually 500 feet, from the victim’s home, place of work, or any other place they are likely to be.
It’s very important that you not violate a no contact order because it will only make things worse for you. You can violate the order by phone, over the computer, or third party contact on your behalf. But the bottom line is don’t do it. It will cause you more problems and make defending your case a lot more difficult.
What is a civil restraining order?
A civil restraining order is a court order used to protect people from another person. There are many different types of restraining orders. They can be issued for domestic violence, dating violence, sexual violence, repeat violence, or stalking.
If a restraining order has been granted against you, you cannot go within a certain distance of the person who filed the order against you for as long as the order stipulates. This could be for a week, a month, a year, or even forever.
You won’t be able to call, email, text, or go through third parties to contact this person.
If there is a restraining order against you, by law you can no longer own or possess any firearms. Having a restraining order against you can also hurt your ability to move, or get a job.
If a restraining order has been filed against you, get in touch with our firm for a free strategy session to see how we can help you.