Bonding Issues for Domestic Violence Arrests
Understanding Bonds & First Appearances
When someone is arrested for domestic violence, they will not be released until they go before a Judge at a hearing called First Appearances. Where most arrestees are able to post bond immediately, those arrested for domestic battery cannot. After the arrest, they will be held on “No Bond,” meaning that the person who got arrested cannot post bond and be released. Do not worry, this does not last forever.
Cooling Off Period
I have always said that if the police respond to a domestic violence situation, someone is getting arrested. It is too much of a liability for the police to leave two people who are fighting at home together. Because of that liability, the Florida Statute has set a “cooling off period” where the Statute mandates that someone who is arrested for domestic battery must go before the Judge before a bond can be set. This allows for the State to:
- do a proper background check on the arrestee;
- try to make contact with the victim; and
- be prepared to discuss those issues before the Judge.
When Can I Bond Someone Out If They've Been Arrested for Domestic Violence?
First appearances happen the following day after a domestic violence arrest. On the weekends, the hearing is typically first thing in the morning. On weekdays, the hearing is in the afternoon. Most counties hold the hearings at the jail and some even allow for the parties to attend via Zoom. Below are links to some of the neighboring county jail websites so that you can contact the jail directly to see if your loved one is set for court.
If you would like to speak to an experienced attorney concerning an arrest for domestic violence or domestic battery, please call us at (386) 280-4977.
County Jail Information
Volusia County (Daytona Beach, DeLand, Deltona, Orange City, Lake Helen, New Smyrna Beach)
Seminole County
Flagler County
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
-
All Charges Dismissed Domestic Battery
Defendant was trapped inside car where her boyfriend was acting aggressive. Defendant had to take legal action against the victim to remove him from vehicle. Attorney Thompson sent letter to State early in the case to outline defenses and mitigation and all charges were dismissed prior to filing.
-
Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
-
All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
-
All Charges Reduced Aggravated Battery
Attorney Thompson conducted depositions on the alleged victim and third-party witness. Attorney Thompson was able to show that the victim was harassing the Defendant and was not being truthful to the police. Attorney Thompson filed Order to Show Cause against the third-party witness for avoiding subpoena for depositions.
-
All Charges Dismissed Resisting an Officer Without Violence
The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.
-
All Charges Dismissed Domestic Battery
Client and his husband were involved in a verbal argument. The alleged victim contacted police against the claiming that he threw a glass of milk on him. Under the law, this is considered a battery. Attorney Thompson represented the Client on both the criminal case and the injunction and both were dismissed.