No-Contact Orders in Florida: How They Work and How to Get One Lifted

In a Florida criminal case, a no-contact order is a condition of pretrial release imposed by the judge — and only the judge can lift or change it. The alleged victim cannot cancel it, the prosecutor cannot waive it, and the two people involved cannot agree around it. The path to changing the order runs through a motion filed in the criminal case: under Section 903.047, Florida Statutes, the defense can ask the court to modify the condition when bail is set or later by a properly noticed motion, the court can grant it for good cause, and the alleged victim has the right to be heard before any change is made. Until a judge signs an order modifying it, the no-contact order stays in full effect — even if both people want contact, and even if the alleged victim reaches out first.

This article explains where these orders come from, what they actually prohibit, how a motion to modify works, and how the criminal no-contact order differs from a civil injunction — a separate order with its own rules for getting it changed.

Where a no-contact order comes from

A no-contact order is not a separate case or a charge. It is a condition attached to pretrial release — the terms under which a person is allowed out of jail while their criminal case is pending.

In a domestic violence case the sequence is fast. Florida law holds a person arrested for domestic violence in custody until they are brought before a judge at first appearance, usually within 24 hours. At that hearing the judge sets bond and release conditions, and § 903.047 requires, as a condition of pretrial release, that the defendant refrain from any contact of any type with the victim unless the court orders otherwise. The result is that most people leave jail already bound by a no-contact order they never saw coming — one that can bar them from their own home. We cover the arrest-to-first-appearance sequence in Criminal Charges for Domestic Violence in Florida.

No-contact conditions are most common in domestic violence cases, but courts impose them in other cases with an identifiable alleged victim — assault, battery, stalking, and similar charges between people who know each other.

What “no contact” actually prohibits

Section 903.047 spells out what the condition means, and it reaches much further than staying out of arm’s reach. Unless the court orders otherwise, “no contact” includes:

• Any communication, by any route. Oral or written, in person, by phone, electronically, or in any other manner — and indirect communication through a third person counts. Having a friend or relative pass along a message is contact.
• Any physical contact with the alleged victim or their property.
• Coming within 500 feet of the alleged victim’s residence — expressly even if the defendant and the alleged victim share that residence. This is the provision that puts people out of their own homes.
• Coming within 500 feet of the alleged victim’s vehicle, workplace, or a place they regularly visit.

Two details in that list catch people off guard. First, the order can name people beyond the alleged victim — other household members, for example — and the same rules apply to them. Second, the statute makes one narrow exception: contact through pretrial discovery under the Florida Rules of Criminal Procedure, which is contact between lawyers, not between the people involved.

Who can change the order — and who can’t

The no-contact order belongs to the court, not to the alleged victim. That single fact answers most of the questions people ask:

• The alleged victim cannot lift it. They can tell the prosecutor and the judge that they want contact restored — and under Marsy’s Law, Florida’s crime-victim rights amendment, they have the right to be heard at any proceeding involving the defendant’s release. But their preference is input, not a decision. This mirrors how dropping the charges themselves works, which we explain in Can a Victim Drop Criminal Charges in Florida?
• The prosecutor cannot waive it. The State Attorney’s office is required to notify the alleged victim of any motion to modify, and it can take a position — but the condition changes only by court order.
• Private agreement changes nothing. A text from the alleged victim saying “you can come home” has no legal effect on the order.
• Only the judge can modify or lift it, after a motion and the opportunity for the alleged victim to be heard.

How a motion to modify a no-contact order works

Section 903.047 lays out the mechanics. The defendant may ask the court to modify the no-contact condition when bail is first set — that is, right at first appearance — or later, by a motion properly noticed under law. The court may modify the condition if it finds good cause, and the alleged victim “shall be permitted to be heard” at any proceeding where modification is considered.

In practice, a motion to modify is a written filing by the defense attorney asking the court to change the condition — commonly from “no contact” to “no violent or harassing contact,” which allows the two people to communicate and live together while the case is pending, or to carve out specific needs like exchanging children or retrieving belongings. What persuades a judge varies by courtroom and by case, but motions typically address the nature of the allegations, the wishes of the alleged victim, any history between the parties, and practical realities like shared children, shared finances, or a shared home.

Until the motion is granted, nothing changes. The worst position a defendant can put themselves in is acting as though the motion has already been granted because both people want it to be.

No-contact order vs. civil injunction: two different orders, two different paths

Florida runs two separate systems that both get called “restraining orders” in everyday speech. Confusing them is one of the most common — and most dangerous — mistakes in these cases, because ending one does not touch the other. Here is how they differ where it matters most: getting the order changed.

	Criminal no-contact order	Civil injunction (“restraining order”)
What it is	A condition of pretrial release in a criminal case	A standalone civil court order under § 741.30
Who started it	The criminal court judge, at first appearance	The protected person, by filing a petition (no filing fee)
Who can ask to change it	The defendant, by motion in the criminal case	Either party — petitioner or respondent — “at any time”
What a change requires	A judge’s finding of good cause, with the alleged victim heard	A motion to modify or dissolve, decided by the civil judge
How long it lasts	While the criminal case is pending, unless modified sooner	A temporary (ex parte) injunction lasts up to 15 days; a final injunction remains in effect until modified or dissolved
If it’s violated	Arrest and possible revocation of pretrial release	A new crime under § 741.31

The same person can be subject to both orders at once — a no-contact condition from the criminal case and an injunction the other person obtained in civil court. A defendant who gets the criminal no-contact order modified but forgets the injunction is still one text message away from a new charge.

What happens if you violate a no-contact order

Violating a criminal no-contact order puts the defendant’s release itself at risk. Under Section 903.0471, Florida Statutes, a court may — on its own motion — revoke pretrial release and order pretrial detention if it finds probable cause that the defendant committed a new crime while on release or violated any other condition of pretrial release in a material respect. In plain terms: a violation can mean going back to jail and staying there until the case is over.

Three things make violations easy to stumble into:

• Invited contact is still a violation. The order binds the defendant, not the alleged victim. If the alleged victim calls, texts, or shows up, the defendant is the one violating the order by responding. The safe response is no response — save the message and tell your attorney, who can use it to support a motion to modify.
• Indirect contact counts. Messages passed through friends, family, or social media reach the same result as a direct call.
• Distance violations don’t require communication at all. Being within 500 feet of the alleged victim’s home or workplace is itself a violation, whatever the reason.

Violating a civil injunction is a separate matter — and a crime of its own. Under § 741.31, willfully violating a domestic violence injunction — refusing to vacate a shared dwelling, coming within 500 feet of the petitioner’s home, school, or workplace, communicating directly or indirectly, coming within 100 feet of the petitioner’s vehicle, and other listed acts — is a first-degree misdemeanor, punishable by up to a year in jail under § 775.082 and a $1,000 fine under § 775.083. A person with two or more prior convictions for violating an injunction who violates one again against the same victim commits a third-degree felony, punishable by up to 5 years in prison.

What to do if you’re under a no-contact order in Broward County

• Follow the order exactly as written — not as you and the other person wish it read. Get a copy and read every named person and every listed restriction.
• Do not respond to contact from the alleged victim. Preserve the messages; they may support a motion to modify, but only if you didn’t take the bait.
• Move quickly if the order is unworkable. If the order has you out of your home or unable to arrange care for your children, a motion to modify — filed properly and heard with the alleged victim’s input — is the legitimate path.
• Deal with both tracks. If there is also a civil injunction, it needs its own response, on its own timeline — including the hearing at which a temporary injunction becomes a final one.
• Get a defense attorney involved early. The same facts that support modifying the no-contact order often matter to the criminal case itself, and the two should be handled as one strategy.

Frequently asked questions

Can the alleged victim get a no-contact order lifted in Florida?

Not on their own. The alleged victim can support a motion to modify and has the right to be heard when the court considers it — and a judge will take their position seriously — but the order changes only when the judge grants a motion in the criminal case. Until then it remains fully enforceable, even against contact the alleged victim invites.

Is it a violation if the other person contacts me first?

Yes, if you respond or allow the contact to continue. The order restricts the defendant, not the alleged victim, so the defendant carries all of the legal risk in any exchange. Do not reply; save the message and give it to your attorney.

Can we live together again while the case is pending?

Not while a standard no-contact order is in effect — § 903.047 bars the defendant from coming within 500 feet of the alleged victim’s residence even if they share it. Couples who want to reunite while the case is pending need the court to modify the condition first. It is a common request — but one only the judge can grant, after the alleged victim has had the chance to be heard.

How long does a criminal no-contact order last?

It is a condition of pretrial release, so it operates while the criminal case is pending unless the court modifies it sooner. Contact restrictions can outlive the case in other forms — as a probation condition after a plea or conviction, or through a civil injunction that remains in effect until modified or dissolved — so the end of the case does not automatically mean the end of every restriction.

Does getting the no-contact order lifted mean the charges are dropped?

No. The order and the prosecution are separate. A judge can restore contact while the criminal case continues exactly as before — and the reverse is also true: charges can be reduced or dropped while a civil injunction stays in place. How charging decisions actually get made is covered in Can a Victim Drop Criminal Charges in Florida?

Speak with a Fort Lauderdale criminal defense attorney

A no-contact order lands in the first 24 hours of a case, when people are least prepared for it — out of their home, cut off from their family, and unsure what they’re allowed to do. The order is manageable, but only through the court: a properly filed motion to modify, made with the alleged victim’s input and the realities of your life in front of the judge. MK Law’s criminal defense and civil domestic violence attorneys handle no-contact conditions and injunctions together with the underlying case in Broward County courts.

Call MK Law at 954.865.6032 — available 24/7 — to discuss your case with a trial attorney.

This article provides general information and is not legal advice. Legal outcomes depend on the specific facts, applicable law, and current procedures. Reading this article or contacting MK Law does not by itself create an attorney-client relationship.