Being charged with a domestic violence crime in Florida comes with very serious repercussions. Section 741.28 of the Florida Statutes defines domestic violence as “[an act of violence against] one family or household member by another family or household member.” In Florida, a family member does not necessarily have to be living with the victim to qualify as a perpetrator of domestic violence. If you share a child with the victim, you may be charged with domestic violence, whether you live with them or not.
As evidence of the sensitivity and particular seriousness of domestic violence charges, regular proceedings will not be followed. Instead, special laws will apply to the individual being charged, and they will have to adhere to an irregular pretrial process. That means you will not be able to post bail immediately and must instead proceed through a court-mandated proceeding. For any questions or concerns, Fighter Law is here to help you navigate through the appearances and get you on the right legal track.
Unlike other criminal charges, those facing domestic violence accusations in Florida cannot immediately post bail after being booked in jail. Instead, you will be required to go through the following steps:
Within the first 24 hours of your arrest, you will be subjected to a mandatory court appearance before a judge. As you await your appearance, the prosecutor will conduct an internal investigation into the circumstances surrounding the claim as well as your criminal history. This can include a look into your prior arrests, any implemented injunctions or restraining orders, and any walk-in domestic complaints filed against you.
The judge will be given this information and will assess the situation accordingly. Your bail amount will be determined based on the evidence and the assessed safety of the victims. Once the bond has been set and the hearing is over, you are free to be released until the trial is over and the bail is paid.
If the bail is paid, you will be free to go until the trial begins. For cases involving domestic violence accusations, it is likely that your release will come with strict pretrial regulations. These are set with deep consideration for the safety of the victim and the victim’s family. Common examples of pretrial conditions include:
It is vital you follow all set regulations. Failure to adhere to these pretrial conditions can result in further charges, longer jail times, and more severe penalties and fees.
When facing domestic violence charges, the best course of action is to seek out qualified, determined, and knowledgeable representation immediately. Fighter Law has successfully served the Central Florida community for many years. We fight for our clients’ best interests, using every tool available to preserve their rights and their futures.
Let us do the hard work for you and get you the best possible results for your case today. Our board-certified attorneys are ready to listen with compassionate ears and then get straight to work building an airtight defense. To see how we can best help you today, please give one of our attorneys a call at (407) 344-4837 or fill out an online contact form to schedule a free consultation.
Fill out the form below for a free evaluation of your case.