No Contact Order in Florida: Rules, Firearms & Violations

A no contact order in Florida is a directive from a criminal court, almost always imposed at a defendant’s first appearance, that bars them from communicating with or going near a specific person — typically the alleged victim in the case. Judges issue these orders as a condition of pretrial release under Florida Statute 903.047, and they take effect immediately, often before the defendant is released from jail.¹ A conviction is not required. Probable cause for the arrest is enough.

When a Florida Judge Will Impose One

Most no contact orders come out of the first appearance hearing, where a judge reviews the charges and sets bail. Under Section 903.047, the court has authority to attach a no contact order as a mandatory condition of pretrial release whenever the charges involve violence, threats, stalking, or domestic offenses.¹

In domestic violence cases, judges impose these orders almost reflexively when setting bail. The statute treats them as a default safeguard rather than something the alleged victim has to ask for. Stalking and harassment charges follow the same pattern: repeated unwanted contact, even without physical violence, is enough.

A separate statute controls sex offenses after conviction. Florida Statute 921.244 requires judges to order no contact with the victim for the full duration of the sentence when someone is convicted of sexual battery, lewd conduct involving a minor, or related offenses.² Unlike the pretrial version, this order is mandatory at sentencing and can last years or decades.

What the Order Actually Prohibits

Florida’s statute spells out “no contact” with unusual specificity, and the reach is broader than most people expect. Unless the court modifies the standard terms, the order prohibits:¹

All communication with the protected person: in person, by phone, text, email, social media, or any electronic means. Indirect contact counts too. Having a friend or relative pass along a message is a violation.
Being within 500 feet of the protected person’s home — even if you also live there — and within 500 feet of their vehicle, workplace, or any place they regularly go.
Any physical or violent contact with the protected person or their property.

There is one narrow exception. If the defendant and the protected person share children, the court can designate a specific third party to handle communication solely about the children. Defense attorneys are also allowed to contact the protected person for legitimate legal purposes, consistent with Florida Bar rules. Outside those exceptions, any contact puts the defendant at risk, no matter how brief or well-intentioned it is.

Written notice of the order and its specific terms must be given to the defendant before release from custody.¹ Law enforcement records the order in state and national databases so officers can verify it during any encounter.

What Happens if You Violate It

This is where people get into serious trouble, often because they underestimate what counts as contact. A text message. A “like” on a social media post. A voicemail. A message passed through a mutual friend. Courts read these orders strictly.

Your Pretrial Release Can Be Revoked

If the court finds probable cause to believe you materially violated any condition of pretrial release, it can revoke your release and hold you in jail until trial.³ Contacting the protected person after being told not to is exactly the kind of violation judges take seriously. You go from waiting for trial at home to waiting for it in a cell.

New Criminal Charges Are Possible

The contact itself may amount to a separate offense — stalking, harassment, or witness tampering, depending on the facts. For defendants convicted of sex offenses who violate a post-sentencing no contact order under Section 921.244, the violation is automatically a third-degree felony carrying up to five years in prison and a $5,000 fine.²⁴ That sentence runs consecutively to the original one rather than at the same time.

Firearms

Florida courts can order a defendant to surrender firearms as a separate condition of pretrial release, independent of the no contact order itself.¹ Judges commonly do this in domestic violence and stalking cases.

Federal law adds a second layer. Under 18 U.S.C. § 922(g)(8), anyone subject to a qualifying court order that restrains them from threatening or stalking an intimate partner is prohibited from possessing any firearm or ammunition.⁵ The federal ban applies when the order was issued after a hearing where the defendant had notice and an opportunity to participate, and when the order either includes a finding that the person poses a credible threat or explicitly prohibits physical force. A no contact order imposed at a first appearance, where the defendant is present and heard, will often satisfy those conditions in a domestic violence case. The federal penalty for illegal firearm possession is up to ten years. That risk applies even if the state judge said nothing about guns.

No Contact Orders and Injunctions for Protection Are Not the Same

Florida has two overlapping but legally distinct tools for keeping people apart, and they are easy to confuse.

A no contact order is imposed by a criminal court on its own authority as a condition of the defendant’s release. The alleged victim does not file anything. An injunction for protection is a civil order that a person must affirmatively request by filing a petition with the clerk of court.⁶ Injunctions are available for domestic violence, dating violence, stalking, sexual violence, and repeat violence, each with its own eligibility rules.⁷

Duration differs. A pretrial no contact order runs for the length of pretrial release or until the court modifies it, and it expires when the criminal case resolves by dismissal, acquittal, or sentencing (though a new order may be imposed at sentencing).¹ A domestic violence injunction, by contrast, stays in effect indefinitely until a court specifically modifies or dissolves it.⁸

Penalties run on different tracks too. Violating a domestic violence injunction is a first-degree misdemeanor under Florida Statute 741.31.⁹ Violating a pretrial no contact order leads to revocation of release and potentially new charges, not contempt proceedings.

The Order Follows You Across State Lines

Leaving Florida does not make the order go away. The Violence Against Women Act requires every state to give full faith and credit to protection orders issued by other jurisdictions, and this applies to criminal pretrial release orders, not just civil injunctions.¹⁰ Law enforcement in any state must enforce a valid Florida no contact order as if their own court had issued it.

For the order to qualify, the issuing court must have had jurisdiction, and the defendant must have received notice and an opportunity to be heard. The enforcing state cannot refuse to honor the order simply because it was not registered locally. Anyone who crosses state lines and violates a protection order also faces potential federal prosecution under 18 U.S.C. § 2261, with penalties ranging from five years to life imprisonment depending on whether the victim was injured.¹¹

Changing or Ending the Order

A pretrial no contact order does not expire on a set date. It stays in place for the length of pretrial release unless the court changes it, and it ends when the case is resolved or the judge orders a modification.¹

The most common modification is a downgrade from a full “no contact” order to a “no violent contact” or “no harmful contact” order. That lets the parties resume communication and even live together while still prohibiting any threatening or violent behavior. Either the defendant or the protected person can request the change, but the court has to approve it.¹²

The part that catches people off guard: the protected person wanting contact is not enough. The court will typically require that person to appear and testify, and the judge keeps full discretion to say no. Judges are often skeptical when someone in a domestic violence case asks for a modification shortly after an arrest, because the pressure to recant is obvious. A history of violations or particularly serious charges makes modification unlikely regardless of what the protected person wants.

Post-conviction no contact orders in sex offense cases work differently. The victim must have turned 18 before requesting any change, and the court holds an evidentiary hearing to decide whether circumstances have genuinely changed and whether lifting the order serves the victim’s best interest.² Any modification request should go through defense counsel rather than a filing made on your own that could create problems with the court.

1
Justia. Florida Code 903.047 – Conditions of Pretrial Release
2
Florida Senate. Florida Statutes 921.244 – Order of No Contact; Penalties
3
Florida Legislature. Florida Statutes 903.0471 – Violation of Condition of Pretrial Release
4
Florida Legislature. Florida Statutes 775.082 – Penalties; Applicability of Sentencing Structures; Notification Requirements
5
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
6
Florida Legislature. Florida Statutes 741.30 – Domestic Violence; Injunction; Powers and Duties of Court and Clerk
7
Office Of The State Attorney Sixth Judicial Circuit of Florida. Injunctions For Protection
8
Florida Senate. Florida Statutes 741.30 – Domestic Violence; Injunction
9
Florida Legislature. Florida Statutes 741.31 – Violation of an Injunction for Protection Against Domestic Violence
10
Office of Justice Programs. Full Faith and Credit for Orders of Protection
11
Office of the Law Revision Counsel. 18 USC 2261 – Interstate Domestic Violence
12
12th Judicial Circuit. Pro Se Motion to Modify the No-Contact Order