Orlando, FL asked in Criminal Law and Domestic Violence for Florida

Q: How to reverse a no cohabitation

If the state is saying that as long as I am on probation me and my spouse can not live together because we both caught a domestic violence case how do we go about getting that changed because we share a home and have no where else to reside

1 Lawyer Answer

A: If you are on probation, I am assuming that you have entered a plea to your case and the case is closed. "No Contact" provisions can be entered as a condition of bond, as part of a domestic violence injunction, or as a condition of probation. If you agreed to no contact as part of a plea, your attorney could file a motion to modify the no contact provision. This may be limited by time limits. It would be best to speak to a local attorney to see if the State might be willing to agree to such a motion. If they are not willing to agree then a hearing would need to be set, and the Judge could rule on the motion. If you both were charged and both of you have pled and been placed on probation each Defendant will need to file a motion in their own case.

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