The "No Bond" Hold: Understanding Pre-Trial Release in Domestic Violence Cases

The Immediate Shock: "No Bond" Status

Most criminal offenses in Florida operate under a standardized bond schedule. For example, petit theft may carry a $500 bond, DUI a $1,000 bond, and so forth. Upon arrest, defendants can post bond immediately and secure release from custody within hours.

Domestic violence arrests are categorically different.

Mandatory "No Bond" Hold for Domestic Violence

Florida Statute § 741.2901 requires that any person arrested for an offense involving domestic violence be held in custody without bond until he or she appears before a judge at First Appearance. This provision applies regardless of the severity of the underlying charge.

You cannot bond out by paying money. You must see a judge first.

Why the No Bond Hold Exists

The Legislature enacted the mandatory No Bond provision for several policy reasons:

Cooling-Off Period: Domestic violence incidents are often emotionally charged. The mandatory hold creates a period of separation to reduce the risk of immediate re-contact.
Victim Safety: The statute presumes that immediate release could pose a danger to the alleged victim. The hold allows the court to assess risk and impose protective conditions.
Judicial Oversight: The statute ensures that a judge evaluates the circumstances before release, rather than relying solely on standardized bond schedules.
Compliance with Federal Law: Federal firearm restrictions under 18 U.S.C. § 922(g)(9) apply to domestic violence convictions. The judiciary must address these implications at the outset.

Timeline: First Appearance

Florida Rule of Criminal Procedure 3.130 requires that defendants be brought before a judge within 24 hours of arrest, excluding weekends and holidays. In practice, First Appearance hearings occur the morning following arrest. If arrested on a Friday night, the defendant may remain in custody until Monday morning.

The First Appearance Hearing: More Than Just Setting Bond

First Appearance is a critical juncture in any domestic violence case. While many defendants view it simply as a bond hearing, the proceeding has far-reaching implications.

What Happens at First Appearance

1. Advisement of Charges

The judge will inform you of the charges filed against you and the potential penalties. This is your formal notification of the accusations.

2. Appointment of Counsel

If you cannot afford an attorney, the court will appoint a public defender. If you have retained private counsel, they will appear on your behalf.

3. Probable Cause Determination

The judge will determine whether probable cause exists to support the charges. If probable cause is lacking, the charges may be dismissed immediately.

4. Bond Setting

The court will set a bond amount. Depending on the severity of the allegations and your criminal history, bond may range from recognizance (no money required) to tens of thousands of dollars.

5. Imposition of Pre-Trial Release Conditions

The court will impose conditions of release. These conditions are legally enforceable court orders and carry severe consequences for violation.

6. Firearms Restrictions

In domestic violence cases, the court may order immediate surrender of firearms and prohibit possession of weapons as a condition of release.

Why the Conditions Matter

Many defendants assume First Appearance is a mere formality. This is a dangerous misconception. The conditions imposed at First Appearance will govern your conduct for the duration of the case, which may last months. Many of those limitations are based upon the judge's understanding of the situation at that moment.

How We Can Help—Before or After First Appearance

If you hire counsel before First Appearance: We can help protect your interests by presenting mitigating factors to the judge, advocating for reasonable bond, and arguing for conditions that allow you to maintain employment, access necessary resources, and communicate with family members not involved in the allegations.

If you hire counsel after First Appearance: We can file a Motion to Modify Conditions of Pre-Trial Release. This motion requests that the court reconsider the conditions imposed and modify them based on your specific circumstances. Courts regularly grant these motions when presented with additional information.

Standard Conditions May Be Unworkable

Judges impose standard conditions in domestic violence cases, often without considering individual circumstances. If you and the alleged victim share a residence, have children together, or jointly own property, standard conditions may be impossible to comply with. Whether we intervene early or file a modification motion later, our goal is to secure conditions that protect the alleged victim while allowing you to manage your life and responsibilities.

Pre-Trial Release Conditions: Court Orders You Cannot Ignore

Once the judge sets bond and releases you from custody, you are subject to Pre-Trial Release (PTR) conditions. These are not suggestions or recommendations. They are enforceable court orders with the same legal force as an injunction or restraining order.

Standard Conditions Imposed in Domestic Violence Cases

No Contact with Alleged Victim

You are prohibited from any direct or indirect communication with the alleged victim. This includes:

Phone calls, text messages, emails, or social media contact
In-person contact at any location
Third-party messages (asking friends or family to relay information)
Letters, gifts, or other forms of communication

Residential Exclusion

If you and the alleged victim shared a residence, you will typically be prohibited from returning to the home. This applies even if:

Your name is on the lease or mortgage
You pay the rent or utilities
Your personal property is located there

Surrender of Firearms

The court may order immediate surrender of all firearms and ammunition. Possession of a firearm while subject to a domestic violence protection order is a federal felony under 18 U.S.C. § 922(g)(8).

Electronic Monitoring (GPS)

In cases involving allegations of violence or threats, the court may require GPS monitoring to ensure compliance with no-contact orders. You will be required to wear an ankle monitor and pay monitoring fees.

Substance Abuse Testing

If alcohol or drugs were involved in the alleged incident, the court may order random drug and alcohol testing as a condition of release.

Batterer's Intervention Program

Florida Statute § 741.281 authorizes courts to order defendants to attend a Batterer's Intervention Program (BIP) as a condition of pretrial release. This is a 26-week program focusing on behavior modification.

Additional Conditions Based on Case Specifics

The court may impose additional conditions tailored to the facts of the case, including curfews, geographic restrictions, employment requirements, or prohibitions on contact with witnesses. Each condition must be followed strictly.

Domestic Violence Arrest Process Flowchart - From Arrest to Pre-Trial Release Conditions

Understanding the Florida domestic violence arrest process and pre-trial release conditions

The Contempt of Court Trap: How Violating PTR Destroys Your Case

Pre-Trial Release violations are the single most common reason defendants in domestic violence cases find themselves back in jail—often for the duration of the case.

Violation = Contempt of Court

Violating a Pre-Trial Release condition constitutes direct contempt of court. The judge can immediately revoke your bond and order you to remain in custody until the case is resolved.

You do not get a second chance. One violation can result in months of incarceration.

Common Scenarios Leading to Violation

Scenario 1: "The Victim Called Me"

The alleged victim contacts you by phone or social media. She says she wants to talk, that she does not want you prosecuted, that the whole thing was a misunderstanding. You respond to the message.

Result: You have violated the No Contact Order. The fact that the victim initiated contact is irrelevant. The order applies to you, not to her. You are now subject to immediate arrest and revocation of bond.

Scenario 2: "I Need to Get My Work Clothes"

You are prohibited from returning to the shared residence. Your work uniforms, laptop, and personal belongings are still inside. You stop by the house while the alleged victim is at work to retrieve your items.

Result: You have violated the residential exclusion order. Even if the alleged victim is not present, you are prohibited from entering the residence. GPS monitoring (if imposed) will reveal your location. You will be arrested.

Scenario 3: "We Have Kids Together"

You and the alleged victim share children. She texts you about a school event or a medical appointment for the child. You respond to coordinate.

Result: Unless the court has explicitly authorized contact for co-parenting purposes, this constitutes a violation. Even discussing children is prohibited contact under a standard No Contact Order.

Scenario 4: "My Friend Delivered a Message"

You ask a mutual friend to tell the alleged victim that you are sorry and that you want to work things out. The friend relays the message.

Result: Indirect contact through third parties is a violation. The No Contact Order prohibits both direct and indirect communication. Using an intermediary does not protect you.

Consequences of Violation

When the State becomes aware of a Pre-Trial Release violation (typically through the alleged victim's report, GPS monitoring data, or phone records), the prosecutor files a motion to revoke bond.

Immediate Arrest: A capias (arrest warrant) is issued. You will be taken into custody.
Bond Revocation: The judge will conduct a hearing. If the violation is proven, your bond will be revoked. You will remain in jail until the case is resolved—potentially for months.
New Criminal Charge: In some jurisdictions, violation of a No Contact Order can result in a separate charge of Violation of a Condition of Release (a misdemeanor).
Adverse Inference at Trial: If your case proceeds to trial, the jury may hear evidence that you violated the court's order. This can be used to suggest you are guilty of the underlying offense.
Negotiation Leverage Lost: Prosecutors are far less willing to offer favorable plea agreements to defendants who have violated court orders.

The Standard is "More Likely Than Not"

At a bond revocation hearing, the State need only prove the violation by a preponderance of the evidence (more likely than not), rather than beyond a reasonable doubt. This is a far lower standard. A single text message, a GPS ping, or witness testimony is typically sufficient.

The Lotter Law Strategy: Protecting Your Rights and Freedom

1. Understanding Your Situation

Whether you contact us before or after First Appearance, our first priority is understanding your specific circumstances. We assess:

Your living situation—do you share a residence with the alleged victim?
Your family obligations—do you have children together who require co-parenting coordination?
Your employment needs—does your job require travel or specific access?
Your property concerns—are essential belongings located at a restricted address?

This information allows us to advocate effectively for conditions that are both protective and workable.

2. Motion to Modify Conditions of Pre-Trial Release

If the alleged victim wishes to resume contact, the proper legal procedure is a Motion to Modify Conditions of Pre-Trial Release. This motion requests that the court lift or modify the No Contact Order.

How the Motion Works

The alleged victim executes an affidavit stating that she does not fear the defendant and consents to contact.
Defense counsel files a motion with the court requesting modification of the No Contact Order.
The State Attorney's Office is given an opportunity to respond (they typically object).
The judge conducts a hearing and determines whether to modify the order.
If granted, the modified order is entered, and contact is legally permitted.

Do NOT Resume Contact Until the Motion is Granted

It is not sufficient for the alleged victim to say she wants contact. The court must approve the modification. Any contact before court approval is a violation and will result in bond revocation. We cannot emphasize this strongly enough: Do not resume contact until the judge signs the modified order.

3. Strict Compliance Counseling

We provide detailed instructions to our clients regarding Pre-Trial Release compliance. This includes:

What to do if the alleged victim contacts you (do not respond; immediately notify your attorney)
How to coordinate property retrieval through law enforcement civil standby
How to address co-parenting issues through third-party intermediaries or court-approved communication apps
What to do if you encounter the alleged victim in a public place (leave immediately and document the encounter)

Treat the Order Like It's Radioactive

We counsel clients to treat the No Contact Order as if any violation will result in immediate and permanent incarceration. This mindset prevents impulsive decisions that destroy cases. The order remains in effect until the judge says otherwise. No exceptions.

4. Aggressive Defense of the Underlying Charges

While Pre-Trial Release conditions govern your conduct during the case, we simultaneously work to resolve the underlying charges as quickly as possible. Our strategies include:

Motion to Dismiss: If the arrest lacked probable cause or the allegations are legally insufficient, we file a motion to dismiss.
Deposition of Alleged Victim: We conduct a sworn deposition to lock in testimony and identify inconsistencies.
Subpoena of Evidence: We obtain 911 calls, body camera footage, medical records, and witness statements to build the defense.
Negotiation with State Attorney: If the evidence supports it, we negotiate for dismissal, reduction to non-domestic charges, or diversion programs.

The faster the case is resolved, the sooner the Pre-Trial Release conditions are lifted. Our goal is to achieve the best possible outcome in the shortest possible timeframe.

Frequently Asked Questions: Domestic Violence No Bond & Pre-Trial Release

How long will I be held without bond?

You will be held until First Appearance, which typically occurs within 24 hours of arrest (excluding weekends and holidays). If arrested on a Friday evening, you may not see a judge until Monday morning.

Can the alleged victim drop the charges?

No. In Florida, the State Attorney's Office—not the alleged victim—controls prosecution. Even if the alleged victim does not wish to proceed, the State may prosecute using other evidence such as 911 recordings, officer observations, or physical evidence. However, a recanting victim significantly weakens the State's case.

What happens if the alleged victim wants to talk to me?

Do not respond. Any contact—even if initiated by the victim—is a violation of the No Contact Order and can result in immediate arrest and bond revocation. Contact your attorney immediately. We will file a Motion to Modify Conditions to obtain court permission for contact.

Can I go back to my house to get my belongings?

Not without court permission or a law enforcement civil standby. If you are excluded from the residence, you must coordinate with your attorney to arrange a civil standby (where an officer supervises while you retrieve property) or file a motion for limited access. Do not go to the residence on your own.

What if we have children together?

The No Contact Order typically prohibits all communication, including regarding children. However, your attorney can request a modification allowing limited contact through a court-approved co-parenting communication app or supervised exchanges. Do not communicate directly until the court authorizes it.

How long do Pre-Trial Release conditions last?

Pre-Trial Release conditions remain in effect until the case is resolved through dismissal, plea agreement, or trial verdict. If convicted, the conditions may be replaced by probation conditions. In some cases, conditions remain in place for months.

Will I have to surrender my firearms?

In most domestic violence cases, the court will order surrender of firearms and ammunition as a condition of release. Federal law (18 U.S.C. § 922(g)(8)) prohibits firearm possession while subject to a qualifying domestic violence protection order. Firearms can typically be transferred to a third party for safekeeping.

Facing Domestic Violence Charges? We Can Help at Any Stage.

Whether you're dealing with restrictive Pre-Trial Release conditions or need to modify an existing order, we fight for workable conditions that protect your freedom and your future.

Pre-Trial Release Modification • Condition Negotiations • Compliance Counseling • Aggressive Defense

Call: 407-500-7000 Request Free Consultation

Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140, Orlando, FL 32801