Getting arrested for domestic violence can be a frightening and overwhelming experience. Once arrested, the first question on your mind is likely, How do I get out of jail?
At Moses and Rooth Attorneys at Law, our domestic violence lawyers help people across Florida navigate the criminal justice system after a domestic violence arrest. One of the first and most urgent steps is understanding how domestic violence bail bonds work and how to secure your release while waiting for your case to conclude.
Below, we break down the bail process, typical costs, and how our attorneys can help you move forward safely and strategically.
What Happens After a Domestic Violence Arrest?
In Florida, if you’re arrested for domestic violence, you are taken into custody and held in jail until you appear before a judge. Unlike many other criminal charges, you cannot post bail immediately after a domestic violence arrest. That is because Florida law requires a mandatory first appearance in court for some crimes, including domestic violence, before any bond can be set.
Until that hearing takes place, which is usually within 24 hours, you’ll remain in custody. This waiting period is mandatory under Florida law and is designed to allow the judge to consider the safety of the alleged victim before granting bond.
How Much Is Bail for Domestic Violence?
There is no one-size-fits-all answer to this question. Bail amounts vary based on the nature of the alleged offense, your prior criminal history, and whether a weapon or serious injury was allegedly involved.
Keep in mind that the judge can impose a no-contact order as a condition of release. That means you may not be allowed to return home or communicate with the alleged victim, even if they wish to contact you, until the court modifies the order.
Because of these complexities, it’s critical to have a defense attorney advocate for reasonable bail and terms at your first appearance.
What Are Domestic Violence Bail Bonds?
If the judge sets bail and you’re unable to pay the full amount in cash, you can turn to a bail bond agency for help. A domestic violence bail bond is a financial guarantee provided by a licensed bondsman, who pays the full bail amount in exchange for a non-refundable fee, typically around 10% of the total bail amount.
For example:
- If your bail is $2,000, a bondsman may charge you $200 to post the bond.
- You may also need to provide collateral, like property or a vehicle title, depending on the total bail amount.
Some agencies refuse to issue bail bonds for domestic violence cases due to the perceived risk. That’s why having an attorney who can help coordinate with a bondsman and explain the facts of your case can make all the difference.
Conditions of Release in Domestic Violence Cases
Posting bail is only one part of the release process. Florida courts often impose additional conditions of release in domestic violence cases, including:
- No contact with the alleged victim, including by phone, text, or through third parties;
- No return to the shared residence;
- Surrender of any firearms or weapons;
- Restrictions on travel outside the county or state; and
- Enrollment in anger management or other counseling programs.
Violating any of these conditions can result in your bond being revoked and immediate re-arrest. At Moses & Rooth, we help clients understand and comply with every term of their release, so they don’t make a mistake that sends them back to jail.
Why Hiring a Domestic Violence Attorney Immediately Matters
When you’re arrested, the clock starts ticking. The prosecution will begin building its case against you right away, and your defense needs to start just as quickly if you want the best result possible.
Here’s how Moses & Rooth helps people arrested for domestic violence in Florida. We will:
- Represent you at your first appearance,
- Help facilitate bail and bond services,
- Protect your rights from day one, and
- Aim to resolve your case as early as possible.
In some situations, we can negotiate for pretrial diversion, reduced charges, or even case dismissal, especially if the allegations are exaggerated or unsubstantiated.
Don’t Wait to Get Help After a Domestic Violence Arrest
Being arrested doesn’t make you guilty, and you still have legal rights. But how you handle the first 24 to 72 hours after a domestic violence charge can have a lasting impact on your case and your future.
Let Moses & Rooth help you through this difficult time. We are former prosecutors who now defend people facing domestic violence charges. We understand how domestic violence bail bonds hearings work, what judges look for, and how to protect your reputation, your record, and your freedom.
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.