Legal Question in Family Law in Florida

no contact order

My male friend's soon to be ex filed a no contact order against him even though there was no just cause. SHE has been calling him constantly, going to his place of business, etc. Is SHE in viotion of the order, and canhe be arrested due to her contacting him?

Asked on 8/14/07, 3:40 pm

2 Answers from Attorneys

Joel Bello Joel Bello, P.A.

Re: no contact order

She is most likely in violation but the most that would happen is that the court, after a hearing would find that since she is contactin him that there is not need for a no contact order.

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Answered on 8/14/07, 5:03 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: no contact order

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

She may be violating the spirit of the order but not the order itself. If the order was only that he should not contact her, she is not legally violating it. He should keep a record (diary, recorded messages, cell phone bills, etc.) of all such contacts made by her and then provide that to the court at the next hearing. It is very possible that the court will dismiss the order based on her communications and apparent belief that there is no problem with the communications.

Scott R. Jay, Esq.

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Answered on 8/14/07, 10:02 pm

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