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Domestic Violence GPS Motion

Posted May 4, 2020Information

During this turbulent time law enforcement has primarily been focusing on only making domestic violence arrests. In Seminole County generally when a person is arrested for an act of domestic violence they are outfitted with an "Empact GPS" Monitor as a condition of his/her bond. As a result many individuals who are accused of committing an act of domestic violence will not be able to return home, an oppressive condition in light of recent quarantines. Nevertheless, if a person is required to wear a GPS a lawyer may be able to petition the Court to remove the GPS for a myriad of reasons. Below please see a Sample Motion to Remove a GPS monitor filed recently in Seminole County:

 

IN THE COUNTY COURT OF THE EIGHTEENTH JUDICIAL CIRCUITIN AND FOR SEMINOLE COUNTY, FLORIDA

 

STATE OF FLORIDA                                                                                                                                                                                               

           Plaintiff,             

vs. 

XX,

            Defendant.

__________________________/

 

MOTION TO MODIFY  CONDITIONS OF RELEASE TO DELETE THE REQUIREMENT OF EMPACT MONITORING OR IN THE ALTERNATIVE, PERMIT OUT OF STATE TRAVEL FOR EMPLOYMENT PURPOSES

 

                       

COMES NOW Defendant, XX, by and through the undersigned attorney and moves this Honorable Court to modify conditions of his release to the extent that the requirement of Empact Monitoring be deleted or in the alternative, permit out of state travel for employment purposes and as grounds therefore would show unto the Court: 

 

  1. On ____________, 2018, the Defendant, XX was arrested and charged with Battery - Domestic Violence in the above styled cause.
  1. The Defendant was granted release with the conditions that he be fitted with the Empact Monitor, that he have no contact with the alleged victim, _____________and that he not return to __________ Orlando, Florida.
  1. The Defendant resides in ________, Florida with his mother, father and 2 children and the victim resides in Orlando, Florida.
  1. Since the Defendant was released on bond with the above conditions, he  has not violated any of the conditions of his release.
  1. The Defendant and the victim have been engaged in an on again/off again relationship for the past ______years. There have been no previous allegations of violence.

          As such, the Defendant respectfully requests this Court delete the        condition of Empact Monitoring or in the alternative, permit out of state travel to _______ for purposes of employment

 

 

                        WHEREFORE, based upon the foregoing,  the Defendant prays this Honorable Court will grant this motion and enter an Order modifying conditions of release to delete the requirement of Empact Monitoring or in the alternative permit out of state travel to _________ for employment purposes.

 

            I HEREBY CERTIFY a true and correct copy of the foregoing has been furnished to the Office of the State Attorney, 101 Eslinger Way, P.O. Box 8006, Sanford, Florida 32773 via the efiling portal (semmisd&traffic@sa18.state.fl.us)  this ____ day of  December, 2018.

 

                                                           

 

 

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