"The most common way a defensible domestic violence case gets worse is a text message. Even a friendly one. Even one the other person asked for."
— Carolle El-Naffy
TL;DR – After a domestic violence arrest in Florida, you are held until first appearance, and at that hearing the judge can order no contact as a condition of any release under § 903.047. It bars any contact with the alleged victim — calls, texts, social media, messages through friends — and keeps you 500 feet from their home (even if it's your home too), vehicle, and workplace. It takes effect immediately and lasts until the case ends or the court changes it. Willfully violating it is a new first-degree misdemeanor, you are held until first appearance again, and the judge can revoke your bond. Since October 1, 2026, a second violation in a case involving a listed violent offense is a third-degree felony. The alleged victim cannot lift the order — only a judge can, on a motion showing good cause.
What Is a No-Contact Order in Florida?
A no-contact order is a condition of pretrial release in a criminal case. It is different from a civil injunction for protection (often called a restraining order):
| Criminal no-contact order | Civil DV injunction | |
|---|---|---|
| Where it comes from | The criminal judge, as a bond condition (§ 903.047) | A petition filed by the alleged victim in civil court (§ 741.30) |
| Who asks for it | Usually the State, at first appearance | The petitioner |
| How long it lasts | Until the criminal case ends or the court modifies it | A temporary injunction lasts up to 15 days; a final one lasts until modified or dissolved |
| Violation | First-degree misdemeanor; felony on a repeat in listed violent cases | First-degree misdemeanor; third-degree felony if you have a prior DV or injunction-violation conviction and violate an injunction against the same victim (§ 741.31) |
You can have both at the same time, with different terms. Each must be followed on its own. For the civil side, see How Do Restraining Orders Work?
First Appearance: Where the Order Starts
Anyone arrested for domestic violence must be held in custody until first appearance (§ 741.2901(3)). In setting bond, the judge must consider the safety of the alleged victim, the victim's children, and anyone else who may be in danger. The State Attorney presents your prior domestic violence arrests and any injunction history. The alleged victim also has a constitutional right to have their safety considered and to be heard on release — see Florida's Marsy's Law.
If the judge orders no contact, you must be told in writing, before release, exactly what is prohibited. Read that paper before you leave the jail. The order is effective immediately.
What Counts as "Contact"?
Unless the judge specifies otherwise, § 903.047(1)(b) prohibits:
- Communicating in any form — in person, by phone, text, email, social media, or "in any other manner" — directly or indirectly through a third person, with the alleged victim or anyone else named in the order
- Physical or violent contact with the person or their property
- Being within 500 feet of their residence — even if you share it
- Being within 500 feet of their vehicle, place of employment, or a specified place they regularly go
Things people get wrong:
- "Through a third person" includes family and friends. Asking your mother to pass along an apology is contact.
- Liking, commenting on, or tagging someone in a post may be argued to be communication. Don't test it.
- Calls from jail count. In Caldwell v. State (Fla. 4th DCA 2022), the court affirmed a defendant's convictions on 41 counts for calling the alleged victim from jail, even though he never posted bond, because the order is effective immediately.
- Your own home is off-limits if the alleged victim lives there. Arrange where you will stay before release, and ask your lawyer how to get your belongings — don't just go back for them.
What's allowed. Your attorney may communicate with the alleged victim for lawful purposes, and contact through pretrial discovery (such as a deposition) is permitted. If you share children, the court may, at your request, designate a third person to contact the alleged victim solely to arrange your time with the children.
What If the Alleged Victim Contacts You?
The order binds you, not them. Florida law makes the order enforceable "until it is modified by the court." An invitation, a call, or a visit from the alleged victim does not change it. The 12th Judicial Circuit's administrative order (Sarasota, Manatee, and DeSoto counties) says so directly: "An invitation for contact from the victim does not affect this order and is not a defense to a violation of the no contact order." If you are contacted, don't respond — tell your lawyer.
What Happens If You Violate a No-Contact Order?
For domestic violence cases, willfully violating a pretrial release condition is a first-degree misdemeanor — up to 1 year in jail — and you must be held until first appearance (§ 741.29(7)).
Since October 1, 2026, HB 397 (the "Victim Safety in Pretrial Release Act") added § 903.0472. It applies when the original arrest was for a listed violent offense — including assault, battery, aggravated assault or battery, stalking, kidnapping, false imprisonment, sexual battery, robbery, written or electronic threats to kill or do bodily injury, or any felony involving force or violence:
- A willful violation of the no-contact condition is a first-degree misdemeanor.
- A second or subsequent violation is a third-degree felony — up to 5 years in prison.
- Police may arrest without a warrant on probable cause.
- You are held until first appearance, where the judge must prioritize the safety of the victim and the public and consider your history of complying with court orders.
- The same first-appearance hold applies if you are on pretrial release for a listed offense and are arrested for any new crime.
On top of the new charge, the judge can revoke your pretrial release altogether if there is probable cause that you violated a condition in a material respect (§ 903.0471). That can mean waiting for trial in jail.
The State must prove the violation was willful. What the written order said, whether you knew its terms, and how the contact happened often decide the case — see Florida Criminal Law Changes 2026.
How Do You Change or Lift a No-Contact Order?
Only the court can. Under § 903.047(2), the judge may modify the no-contact condition — at the time bond is set, or later on a properly noticed motion — if good cause is shown and the interests of justice so require. The alleged victim has the right to be heard at that hearing, and the State Attorney must notify them.
Common requests:
- Contact for shared children — exchanges through a designated third person
- Retrieving belongings from a shared home, with conditions
- Limited or full contact where the couple wants to reconcile and the alleged victim supports it
An alleged victim's support helps, but it doesn't decide the motion — the judge does, weighing safety. Until the judge signs a new order, the old one stands.
Other 2026 Changes That Raise the Stakes
- Repeat domestic violence offenses (July 1, 2026). A new domestic violence offense is reclassified one degree higher if you have a prior domestic violence conviction, including a plea with adjudication withheld or no contest (§ 741.2801). A first-degree misdemeanor battery becomes a third-degree felony. Felony battery under § 784.03(2) is excepted.
- Repeat injunction violations (July 1, 2026). Violating a civil injunction against the same victim after a prior domestic violence or injunction-violation conviction is a third-degree felony after just one prior conviction (it used to take two).
- Missy's Law (July 1, 2026). If you plead guilty or no contest to — or are found guilty of — a "dangerous crime," which includes any act of domestic violence, the court must remand you to custody immediately, with no bond until sentencing (§ 903.04721).
Practical Rules While the Order Is in Place
- Get the written order and read every line. Note any named people and places.
- Block nothing in anger, send nothing in kindness. Silence is the only safe answer.
- Line up somewhere else to live before release if you share a home.
- Tell mutual friends and family not to carry messages.
- Keep records if the alleged victim contacts you, and give them to your lawyer.
- Don't possess firearms if the judge ordered you not to, and ask your lawyer whether any other order affects your gun rights.
- Ask for a modification through your lawyer if the order is unworkable — don't fix it yourself.
No-Contact Order in Broward or Miami-Dade? Get It Right From Day One
The first appearance hearing sets the rules you'll live under for months. Having a lawyer there — and filing a well-supported motion if the order needs to change — protects both your case and your freedom. Carolle El-Naffy will review the order with you and explain exactly what you can and cannot do.
Call (305) 456-7576 75 Valencia Ave, Suite 800, Coral Gables, FL Confidential consultations available
