Arrested for Domestic Violence Over the Holidays? Here's What to Expect
When Courts Close and Cases Freeze: The Holiday Slowdown
The holidays are the worst time to be arrested for domestic violence in Florida. Courts close, staff goes home, and your case sits frozen while you wait. Understanding what to expect can help you navigate this frustrating reality.
Call 407-500-7000 for Immediate Help52 Domestic Violence Charges Filed in One Week
Week Ending December 28, 2025 - Orange County, Florida
Domestic battery was the #1 charge filed - more than drug possession, theft, or any other crime.
The holidays bring families together. Unfortunately, they also bring stress, alcohol, and conflict. The result? Domestic violence arrests spike during Christmas and New Year's, just as the courts shut down.
This creates a perfect storm: high arrest volume colliding with courthouse closures. If you're arrested for DV during the holidays, your case will move in slow motion compared to any other time of year.
The 9th Circuit Holiday Schedule: When Courts Close
Orange and Osceola County courts follow the 9th Judicial Circuit holiday schedule. Here's what that means for the Christmas and New Year's period:
| Date | Day | Court Status |
|---|---|---|
| December 24 | Tuesday | CLOSED - Christmas Eve |
| December 25 | Wednesday | CLOSED - Christmas Day |
| December 26 | Thursday | CLOSED - Christmas Holiday |
| December 27-28 | Fri-Sat | Weekend (limited operations) |
| December 29-31 | Sun-Tue | Open (skeleton crew) |
| January 1 | Wednesday | CLOSED - New Year's Day |
What This Means for You
If you're arrested on December 23rd, you could be looking at a week or more before meaningful court activity happens. First appearance will occur (that's constitutionally required), but everything else - bond hearings, arraignments, motion hearings - sits frozen until court fully reopens.
What Still Happens: First Appearance
The good news: First Appearance hearings are constitutionally required within 24 hours of arrest. This doesn't stop for holidays. Florida Rule of Criminal Procedure 3.130 mandates it.
First Appearance During Holidays
- Hearings run on weekends and holidays
- Orange and Osceola counties combine sessions (consecutive hearings)
- A magistrate will advise you of charges and set initial bond
- Pre-Trial Release conditions will be imposed
Live stream available: Family can watch at ninthcircuit.org
So you'll see a judge within 24 hours. That's the last thing that moves quickly.
What Completely Freezes
After First Appearance, everything else requires a functioning courthouse with staff, judges, and prosecutors. During holiday closures, these things simply don't happen:
Bond Reduction Hearings
Requires filing a motion and getting a hearing date. Can't happen when courts are closed.
Arraignments
Your first real court date where you enter a plea. Pushed back until court reopens fully.
Motion Hearings
Motions to modify no-contact orders, suppress evidence, or dismiss charges all wait.
Discovery
State Attorney's Office is closed. No document production, no evidence sharing.
PTR Modifications
Need to modify your no-contact order? It waits until court reopens.
Case Assignments
New cases pile up without judge assignments. The backlog grows.
The Timeline Difference
Normal Week
- Arrest → First Appearance: 24 hours
- First Appearance → Arraignment: 5-7 days
- Bond Motion Filed → Heard: 3-5 days
- Discovery Request → Response: 15 days
Holiday Week
- Arrest → First Appearance: 24 hours (same)
- First Appearance → Arraignment: 10-14+ days
- Bond Motion Filed → Heard: 7-14+ days
- Discovery Request → Response: 20-30+ days
This isn't anyone's fault. It's just the reality of holiday court operations. But understanding it helps you set realistic expectations.
DV-Specific Complications During the Holidays
Domestic violence cases have unique complications that become worse during court closures:
No-Contact Orders Can't Be Modified
Standard Pre-Trial Release conditions prohibit all contact with the alleged victim. During the holidays, you cannot get this modified. This means:
- You may be locked out of your own home for 2+ weeks
- Children, belongings, medications - all inaccessible
- No communication even about shared responsibilities
- No way to retrieve essential items without risking violation
The "Cooling Off" Reality
Many DV cases involve couples who want to reconcile. The alleged victim may want to drop charges or modify the no-contact order. But during court closures, they can't file an affidavit of non-prosecution. And the State proceeds anyway - DV cases don't require victim cooperation to prosecute.
A Real Case: How Strategic Timing Made the Difference
Warrant Quashed Between Christmas and New Year's
A client came to us right before the holiday court closure with an active warrant. The situation looked grim:
- Courthouse closing for Christmas Eve through New Year's
- Turning himself in = sitting in jail for days with no bond hearing
- Warrant sitting there = risk of arrest at any moment
Our strategy: We advised the client to lay low during the closure period while we prepared a motion to quash the warrant. When courts reopened briefly between Christmas and New Year's, we filed and argued the motion immediately.
The result: Warrant quashed. Client avoided arrest entirely. He spent the holidays at home instead of in jail.
The lesson? Defense attorneys don't stop working just because courts close. Preparation and timing can make the difference between spending the holidays in jail and spending them at home.
What You Can Do Right Now
If you or someone you love has been arrested for domestic violence during the holidays, here's how to make the best of a difficult situation:
- Call an attorney immediately. Don't wait for courts to reopen. We can begin preparing motions, gathering evidence, and planning strategy while courts are closed. The moment they reopen, we're ready to act.
- Do NOT violate Pre-Trial Release conditions. The temptation to contact family during the holidays is overwhelming. Resist it. A violation means bond revocation and potentially months in jail.
- Document everything. If the alleged victim contacts you, do not respond - but save the evidence. If you need to retrieve belongings, coordinate with your attorney for a law enforcement civil standby.
- Be patient but proactive. Understand that delays are systemic, not personal. But also understand that having an attorney ready to move the moment court reopens puts you ahead of everyone who waited.
Why Acting Now Matters
Attorneys work when courts don't. While you're waiting for First Appearance, we're researching your case. While courts are closed, we're drafting motions. When they reopen, we file immediately - ahead of the backlog that builds up during every holiday closure.
Learn More: For a comprehensive overview of domestic violence defense strategies in Florida, see our Guide to Pre-Trial Release in DV Cases.
Don't Let the Holiday Slowdown Trap You
Courts may be closed, but we're not. Call now and we'll start working on your case immediately - so when court reopens, we're ready to move.
Available 24/7 - Even During the Holidays
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140, Orlando, FL 32801