Retrieving property with a no-contact order

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Being served with a domestic violence no-contact order can turn your life upside down in an instant. Suddenly, you're prohibited from returning to your home, even to collect essential belongings like clothing, medications, or important documents. 

At the Law Offices of Robert David Malove, our experienced Fort Myers domestic violence attorneys understand the stress and confusion this situation creates. We're here to guide you through the process of retrieving your personal property safely and legally when a no-contact order is in place. Our team will work diligently to protect your rights while ensuring you don't face additional legal consequences during this challenging time.

What Is Considered Domestic Violence in Lee County? 

Under Florida Statute § 741.28, domestic violence is defined as any criminal act by a family or household member that results in the physical injury or death of another family or household member. Domestic violence includes these offenses:

What Requirements Must You Follow If Subject to a Domestic Violence No-Contact Order?

In Lee County, a judge may issue a no-contact order as part of the court process after your arrest for domestic violence.  This civil order prohibits you from having any contact with the alleged victim. It's meant to provide protection while the case is pending.

If you're served with a domestic violence no-contact order in Fort Myers, Cape Coral, or other cities in Lee County, you'll likely face several strict requirements:

  • No communication with the alleged victim. This includes phone calls, texts, emails, social media messages, or contact through third parties. Even non-threatening messages may violate the order.
  • Exclusion from a shared residence. If you lived with the alleged victim, the no-contact order may grant them temporary exclusive use of the home, forcing you to find alternative housing with little notice.
  • Restricted access to children. The order may threaten your child custody rights, prohibiting contact with your children or requiring supervised visitation, even if no allegations involve the children directly.
  • Surrendering firearms. You may be required to surrender any firearms or ammunition to law enforcement soon after being served.

Your Options for Retrieving Your Personal Belongings Legally If You’re Subject to a No-Contact Order

So how can you safely collect essential items from your home in Fort Myers? It’s crucial not to violate the no-contact order. You could face criminal charges and penalties like a jail sentence and fines if you violate it. You could experience more long-term consequences in your life in addition to those of a domestic violence conviction.

Your first step should be to consult with our knowledgeable domestic violence attorneys. We can help you with these options: 

Law Enforcement Escort

The Lee County Sheriff’s Office may allow you to return to the residence once with a law enforcement escort to retrieve necessary personal belongings. This must be arranged in advance with their office. Here are the steps we can help you take:

  • Contact the sheriff. Call the Lee County Sheriff's Office non-emergency line to request a "civil standby" for retrieving personal property. Have your case number ready.
  • Schedule a time. Our legal team can help you work with the sheriff's office to find a time when a deputy can accompany you. 
  • Prepare a list. Write down exactly what items you need to get. Focus on essentials like clothing, toiletries, medications, and important papers.
  • Follow instructions. The deputy will maintain a physical position between you and the protected party. Don't attempt to communicate with the protected party, even if they initiate contact.

Court Motion for Retrieving Property

If you need to make more than one trip or the alleged victim refuses access, you may need to file a motion with the court that issued the no-contact order. Our Lee County domestic violence lawyers can assist with this process by doing the following:

  • Draft the motion. Our attorneys will file a formal written request explaining what items you need to retrieve and why more than one trip may be necessary.
  • Attend the hearing. The court will schedule a hearing on your motion. Our legal team will present evidence and arguments about your need to access the property.
  • Retrieve your belongings. If the judge grants your motion, we’ll help you arrange a time to collect your items, either independently or with law enforcement present, depending on the specifics of the court order.

Our Fort Myers Domestic Violence Attorneys Are Here to Help 

Dealing with the consequences of a domestic violence accusation is never easy, but you don't have to face it alone. At The Law Offices of Robert David Malove, our skilled Lee County domestic violence attorneys are ready to guide you through the legal process while fighting to get your charges reduced or dismissed.

We can assist with all aspects of your case, including:

  • Arranging safe retrieval of your personal belongings
  • Petitioning the court for modifications of the no-contact order terms
  • Building your defense against the underlying criminal charges
  • Coordinating referrals for counseling or anger management programs

Fight Back Against Accusations of Domestic Abuse With Our Help

Domestic violence defense attorney Robert David Malove masterfully defends domestic violence charges and knows a weak case from a strong one. Often, he successfully obtains a dismissal of all charges or no jail time for his client. You don’t have to be defenseless. You're not alone.

When you're charged with domestic abuse in South Florida, Mr. Malove is the domestic violence attorney you want on your side. We offer free consultations and affordable payment plans to make justice accessible to everyone. Contact us online or call us today to have us explain your options at no cost. We have offices in Fort Lauderdale, Fort Myers, Fort Pierce, Key West, and West Palm Beach. 

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