If you've been charged with a crime of domestic violence in Florida, keeping a clear head is essential. Typically after a domestic violence arrest, an individual will be held in jail until a judge can set their bond and release. Unlike other crimes, domestic violence is a very serious charge in which you cannot be immediately released by simply paying the preset bail amount. Hiring an experienced domestic violence attorney in Palm Beach can help in changing your release conditions, especially if the alleged victim requests contact.
According to Florida Statute 741.28, domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
Domestic Violence Release Conditions in Florida
Under Florida law, if you were charged with a crime of domestic violence, you will generally be held in jail until your first court appearance. There are special conditions that may lead to an early release, however, they are usually rare and can only be granted by a judge. Special conditions for an early release can include:
- No participation in criminal activity
- No possession or usage of a weapon
- No possession or use of drugs or alcohol
- No contact with the alleged victim
- GPS monitoring
- Living separately from the alleged victim
- House arrest
Conditions for pretrial release in Florida are legally binding and breaking such conditions can lead to an additional criminal charge.
Posting Bail in Florida Domestic Violence Cases
Most domestic violence charges in Florida are bailable unless they are a life felony or capital charge.
A life felony is one of the most severe felony types. Individuals who are convicted of a life felony will serve the rest of their natural life in prison without parole. Life felony charges are reserved for heinous crimes such as murder, rape, treason, human trafficking, or severe child abuse. Capital felonies are even more serious than life felonies and depending on the state, can lead to the death penalty.
Most crimes have a standardized bond depending on the crime committed which allows you to immediately bond out of jail without appearing before a judge if there are no additional open cases, however in Florida, there are no scheduled bonds in domestic violence cases. If you've been arrested for the crime of domestic violence in Florida, you must see a first appearance judge in order to issue a no-contact order between you and the alleged victim.
When a no-contact order is issued, Florida law states that:
Communicating orally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person, with the victim or any other person named in the order. If the victim and the defendant have children in common, at the request of the defendant, the court may designate an appropriate third person to contact the victim for the sole purpose of facilitating the defendant’s contact with the children. However, this subparagraph does not prohibit an attorney for the defendant, consistent with rules regulating The Florida Bar, from communicating with any person protected by the no contact order for lawful purposes.
Immediately after a domestic violence arrest, contact an experienced criminal defense attorney at The Law Offices of Matthew Konecky in West Palm Beach, FL. Our attorney can attend your first appearance hearing to ask the court to grant a signature bond to avoid posting the standard $500 bond.
Can the Victim of Domestic Violence have the Charges Dropped in FL?
It is Florida's prosecutor's duty to guarantee the victim's safety during an investigation. An alleged victim of domestic violence cannot have the charges dropped alone but can provide input which can go a long way that aids in the decision to file, drop, or negotiate a settlement in a domestic violence-related case. If you have a loved one who has been arrested for the crime of domestic violence in Florida and you wish to have the charges dropped, contacting a criminal defense attorney can help you in filing a non-prosecution affidavit or filing a motion to modify the protection order.
Domestic Violence Lawyer in Palm Beach County
Domestic violence charges can carry both serious and lifelong repercussions. If you or a loved one was accused of a domestic violence-related crime in Florida, The Law Offices of Matthew Konecky will fight for your rights. Contact us or call us today at (561) 671-5995 to speak with a lawyer immediately. We've also written a free guide for anyone affected by domestic violence titled 'What to Do If You or Your Loved One Has Been Arrested for Domestic Violence'.
The Law Offices of Matthew Konecky handles domestic violence defense cases in all of Palm Beach County, Palm Beach Gardens, West Palm Beach, Wellington, Boca Raton, Jupiter, Boynton Beach, Delray Beach, Loxahatchee, Royal Plam Beach, Riviera Beach, Lake Worth, Greenacres and all of Broward County.