Violation of Domestic Violence Pretrial-Release Condition
Arrest exception may applyWillfully 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
Verified against the 2026 Florida Statutes: September 13, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Domestic / dating violence pretrial-release violation
Required facts
- The original arrest was for domestic violence as defined in §741.28 OR dating violence under §784.046; AND
- Probable cause for an act violating an actual §903.047 pretrial-release condition.
Limits & qualifications
- Verify the original arrest and actual release condition; this is not a general exception for every bond violation.
Authority
Quick Summary
Confirm the original domestic-violence arrest, the applicable pretrial-release condition, the defendant's knowledge of that condition, the willful violation, and the current release order.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Willful Violation of Domestic-Violence Pretrial-Release Condition
F.S. § 741.29(7)
After arrest for an act of domestic violence, knowingly and willfully violating a condition of pretrial release imposed under F.S. § 903.047.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all four elements
The defendant was arrested for an act of domestic violence.
Plain language: Confirm the original charge involved domestic violence as defined in F.S. 741.28.
- Element 2AND — Required
The State must prove all four elements
Before trial, the defendant's release on the domestic-violence charge was set with a condition authorized by F.S. 903.047.
Plain language: Locate the controlling release order and identify the exact condition.
- Element 3AND — Required
The State must prove all four elements
The defendant knew the applicable condition of pretrial release.
Plain language: Document notice or other evidence proving knowledge of the condition.
Qualifying Domestic Relationship
Qualifying Domestic Relationship
Family or household member
Under F.S. § 741.28(3), the relationship qualifies when the people are:
- Spouses or former spouses;
- Related by blood or marriage;
- Currently living together as a family;
- People who previously lived together as a family; or
- Parents of a child in common, whether or not they were married.
Shared-dwelling requirement
Except for parents of a child in common, the parties must currently live together, or must have lived together in the past, in the same single dwelling unit. A dating relationship by itself is not a family-or-household relationship under F.S. § 741.28.
Domestic-violence designation
F.S. § 741.28(2) requires both a qualifying family-or-household relationship and a listed offense—or another criminal offense resulting in physical injury or death—committed by one qualifying member against the other.
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(7).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Domestic Violence
A listed violent offense, or another criminal offense resulting in physical injury or death, committed by one family or household member against another.
Willfully
Knowingly, intentionally, and purposely.
Additional 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.