A domestic violence arrest follows different rules from most other arrests in Florida. You generally can't bond out right away, you'll usually be ordered to stay away from the other person, and the case doesn't simply end if that person changes their mind. Here is what generally happens, and what to do.
What counts as "domestic violence"
Under Florida law, domestic violence generally means an assault, battery or another crime that causes injury, committed against a family or household member. That includes a spouse or former spouse, relatives by blood or marriage, people who live or used to live together as a family, and parents of a child in common. A dating partner is generally covered only if you lived together or share a child. Officers can arrest without a warrant if they believe there is probable cause.
Step 1: No release until first appearance
After a domestic violence arrest in Pinellas County, people are booked at the county jail in Clearwater. Unlike many other charges, Florida law generally requires a person arrested for domestic violence to stay in custody until they see a judge. That hearing, called first appearance, usually happens within 24 hours of the arrest. The judge checks whether there was probable cause and sets the conditions of release, and must consider the safety of the alleged victim and any children.
Step 2: The no-contact condition
If you're released, the judge will usually order you to have no contact with the alleged victim. That can mean no calls, texts, social media messages or messages through friends, and staying away from their home, car and workplace, often by at least 500 feet. If you live together, you may have to find somewhere else to stay.
The order applies to you, even if the other person reaches out or says they're fine with contact. Breaking it can lead to a new arrest and to losing your release. If you share children, the court may allow contact through a third person to arrange time with the children. Only the judge can change the order, usually after a motion and a hearing.
Step 3: The injunction is a separate case
The alleged victim can also ask a civil court for an injunction for protection against domestic violence (sometimes called a restraining order). That is a separate case, with its own hearing and its own rules, and it doesn't depend on how the criminal case turns out. An injunction can restrict where you go and who you contact, and it can affect your ability to have firearms. If you are served with injunction papers, read them carefully and note the hearing date.
Step 4: The victim can't simply "drop the charges"
In Florida, criminal charges are brought by the State, through the State Attorney's Office, not by the alleged victim. Florida law tells prosecutors to treat domestic violence as a crime rather than a private matter, and they can go forward over the alleged victim's objection. What the alleged victim wants can matter to the prosecutor, but the decision belongs to the State. Never ask or pressure the alleged victim to change their story or skip court. That can lead to serious new charges.
Changes in 2026
Since July 1, 2026, Florida law raises the penalty for a domestic violence crime one level if the person already has a prior domestic violence conviction. For this rule, a "conviction" includes a guilty or no contest plea even when adjudication is withheld. Pinellas County also has a pilot program, running through June 30, 2028, that lets a judge order electronic monitoring as a condition of probation when a no-contact order is in place in certain domestic violence cases.
What to do after a domestic violence arrest
- Follow the no-contact order exactly. Keep a copy and read the details.
- Don't talk about the case with anyone other than your lawyer, including on jail phones, which are recorded, and online.
- Write down what you remember and the names of any witnesses, and share it only with your lawyer.
- Save evidence, such as texts, photos or videos, without contacting the other person to get it.
- Arrange a safe way to get your belongings, such as a civil standby with law enforcement, if the court allows it.
- Go to every court date in both the criminal case and any injunction case.
This article is general information about domestic violence arrests under Florida law, not legal advice. Procedures vary by county and can change. Every case is different, and reading this doesn't create an attorney-client relationship.