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
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All Charges Dismissed Battery
The Client was working as a part time substitute teacher to help generate income to help his sick child granddaughter. While working there were children acting up and he instructed the child to stay in his seat while the others went to recess. The child claimed that the client hit him and told administration. Attorney Thompson did a public records request to obtain reports from the Department of Children and Families and noticed serious discrepancies in the child’s story. Attorney Thompson was able to p
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No Criminal Charges Filed Public Assistance Fraud
Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.
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All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
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Charges Reduced Domestic Battery
Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.
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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.
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Charges Reduced Aggravated Battery on Law Enforcement Officer
Attorney Thompson provided the State with an extensive mitigation packet outlining the Defendant’s military service record and disability based on PTSD. Defendant was offered a minor jail sanction (60) days followed by probation in lieu of a 5-year minimum prison sentence as was originally offered by the State.