Domestic Violence & Injunctions

What happens at a domestic violence first appearance?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
More than at an ordinary first appearance. The State arrives with a prepared history of you, and nonmonetary release isn't available.

Three things make this hearing different from other first appearances.

No bond exists before it. Florida law requires that a person arrested for an act of domestic violence be held in custody until brought before the court. Nothing can be posted in the meantime.

The State arrives prepared. Florida law requires the State Attorney's office to conduct a thorough investigation of your history before this hearing — prior domestic violence arrests, prior other arrests, prior injunctions naming you, and prior walk-in domestic complaints. That's presented to the judge at the hearing. Almost nobody expects it.

Nonmonetary release isn't available. Domestic violence falls within the category of offenses for which a judge may not grant nonmonetary pretrial release at first appearance where probable cause is found. Recognizance release isn't an option.

The judge will also address conditions — almost certainly including no contact, and frequently a stay-away provision and firearms surrender.

They know your history before you walk in. Yours should too. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.