Violation of Domestic Violence Pretrial-Release Condition
Willfully violating a statutory condition of pretrial release when the original arrest was for an act of domestic violence.
Florida Statute
§ 741.29
Domestic violence; investigation of incidents; notice to victims of legal rights and remedies; reporting
Quick Summary
Confirm the original domestic-violence arrest, the applicable pretrial-release condition, the defendant's willful violation, and the current release order.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant was released before trial after an original arrest for an act of domestic violence and was subject to a condition of pretrial release under F.S. 903.047.
Plain language: Verify the original arrest, the release order, and the exact applicable condition.
- Element 2
The defendant willfully violated that pretrial-release condition.
Plain language: Document the condition and the knowing, intentional, and purposeful violation.
Jury Instructions
Jury Instructions
Instruction 8.25
Violation of a Condition of Pretrial Release From a Domestic Violence Charge
Florida Standard Jury Instruction for F.S. § 741.29(6).
View Official InstructionAdditional Notes
Additional Notes
Quick Reference
Verify the original arrest was for an act of domestic violence, locate the current release condition, and document the defendant's willful violating conduct.
Important
This is distinct from violation of an injunction. The statute directs that the person be held in custody until first appearance; follow current agency and court procedures.