What is Violation of Condition of Pretrial Release from a Domestic Violence Charge in Florida?

The crime of Violation of Condition of Pretrial Release from a Domestic Violence Charge is a First Degree Misdemeanor that is punishable by up to 1 year in jail and a $1,000 fine.

This offense occurs when:

1. Person was arrested for an act of domestic violence.
2. Before the trial, person’s release on the domestic violence charge was set with one of the following conditions:
   • Refrain from criminal activity of any kind.
   • If the court issues an order of no contact, refrain from any contact of any type with the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure. An order of no contact is effective immediately and enforceable for the duration of the pretrial release or until it is modified by the court. The defendant shall be informed in writing of the order of no contact, specifying the applicable prohibited acts, before the defendant is released from custody on pretrial release. As used in this section, unless otherwise specified by the court, the term “no contact” includes the following prohibited acts:
     • 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.
     • Having physical or violent contact with the victim or other named person or his or her property.
     • Being within 500 feet of the victim’s or other named person’s residence, even if the defendant and the victim or other named person share the residence.
     • Being within 500 feet of the victim’s or other named person’s vehicle, place of employment, or a specified place frequented regularly by such person.
3. Person knew about the condition of pretrial release.
4. Person willfully violated that condition of pretrial release.

“Willfully” means knowingly, intentionally, and purposely. 

“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.

Some of the defenses to Violation of Condition of Pretrial Release from a Domestic Violence Charge are:

• Did not act willfully.
• Did not have knowledge of injunction entered.
• Arrest was not for domestic violence.

References:

Sheppard v. State: On arrest for domestic violence. 

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Violation of Condition of Pretrial Release from a Domestic Violence Charge in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

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