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No Contact Violation of Pretrial Release Order

If you are arrested for domestic violence in Tampa, FL, the court might release you with a condition that you have "no contact" with the alleged victim. If you violate that condition of your release by having contact with the victim, then you can be charged with a separate criminal offense based on a violation of Florida Statute 741.29(6). 

A criminal charge for violating the terms of your pretrial release order in a domestic violence case by having contact with the alleged victim is a first-degree misdemeanor punishable by up to 12 months in jail and a $1,000 fine.

The prosecutor might also file a motion to revoke your bond on the domestic violence case so that you are held with no bond while that initial charge is pending.

If you are accused of violating the "no contact" provision of bond in a domestic violence case, then contact an attorney at the Sammis Law Firm. For the past ten years, our main office has been located at the same location in downtown Tampa in Hillsborough County. We also have a second office in New Port Richey to represent clients accused of domestic violence in Pasco County, FL.

Call 813-250-0500.


Florida Statute Section 741.29(6) - Violation of Pretrial Release

Charges of Violation of Pretrial Release in a Domestic Violence Case in violation of Section 741.29(6) of the Florida Statutes often occur because the defendant is accused of having contact with the alleged victim while the case is pending.

Section 741.29(6) provides as follows:

A person who willfully violates a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of domestic violence as defined in s. 741.28, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall be held in custody until his or her first appearance.
Fla. Stat. 790.29(6). One of the conditions of pretrial release set out in Section 903.047 is the defendant shall “[r]efrain from any contact of any type with the victim.” The Standard Jury Instruction for a violation of Section 741.29(6) provides as follows:

Although the pretrial release order in a domestic violence case might have many different conditions, most of these orders have a "no contact" provision. This "no contact" condition of the pretrial release set out in Section 903.047 is the defendant shall “[r]efrain from any contact of any type with the victim.”


Jury Instructions for a "No Contact" Violation of the Pretrial Release Order

The Standard Jury Instruction for a violation of Section 741.29(6) provides as follows:

To prove the crime of Violation of a Condition of Pretrial Release from a Domestic Violence Charge, the State must prove the following four elements beyond a reasonable doubt:

  1. Defendant was arrested for an act of domestic violence.
  2. Before his trial, defendant's release on the domestic violence charge was set with a condition of (insert condition of pretrial release in Fla. Stat. 903.047).
  3. Defendant knew that a condition of his pretrial release was (insert condition).
  4. Defendant willfully violated that condition of pretrial release by (insert the manner in which the defendant is alleged to have violated pretrial release).

Florida Standard Jury Instruction Criminal Cases 8.25.


Conclusion

If you have a pending domestic violence case pending in Hillsborough County, FL, and your pretrial release order required you to have no contact with the alleged victim, then be very careful not to violate that provision.

If you are charged with violating the pretrial release provisions of your domestic violence case by having contact with the alleged victim, then contact an experienced criminal defense attorney at the Sammis Law Firm.

We represent clients charged with domestic violence crimes including DV battery, DV Battery by Strangulation, Violations of Domestic Violence Injunctions, and interfering with a 911 call.

We also represent a respondent who is served with a petition for an order of probation injunction against domestic violence.

We represent clients charged with domestic violence battery in Tampa and Plant City in Hillsborough County, Brooksville in Hernando County, New Port Richey and Dade City in Pasco County, Clearwater and St. Petersburg in Pinellas County, and Bartow and Lakeland in Polk County.

Call 813-250-0500 to discuss your case today.


This article was last updated on Thursday, November 30, 2017.

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