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Violation of a Condition of Pretrial Release from a Domestic Violence Charge

A person commits the crime of Violation of a Condition of Pretrial Release from a Domestic Violence Charge, when the Defendant was arrested for an act of domestic violence and before his/her trial the defendant's released on the domestic violence charge was set with conditions and the defendant knew what the a conditions of his/her pretrial release were and the defendant willfully violated the conditions of his/her pretrial release.

Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Definitions: 

Family or household members” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Willfully means knowingly, intentionally and purposely.

An order of no contact is effective immediately and is valid for the duration of the pretrial release or until it is modified by a judge.

Unless otherwise stated by the judge, no contact means it is prohibited for the defendant to have communicated orally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person, with victim.

It is also a violation of a no contact order if the defendant had physical or violent contact with the victim or his/her property or the defendant was within 500 feet of victim's or the victim's residence, even if the defendant and victim share the residence, or the defendant was within 500 feet or the victim, the victim's vehicle or place of employment. . .

Punishment:

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.

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