Yes. Since October 1, 2026, willfully violating a no-contact order that a judge imposed as a condition of pretrial release is a separate crime in Florida when the original arrest was for a listed violent offense. A first violation is a first-degree misdemeanor with up to one year in jail, a second is a third-degree felony with up to five years, and the person stays in custody until a judge reviews release at first appearance.
What the Victim Safety in Pretrial Release Act changed
The law is House Bill 397, signed June 16, 2026 as Chapter 2026-155. Before it took effect, a defendant who texted, called or showed up at the home of the person who accused them was usually dealt with through a motion to revoke bond. The judge could put the defendant back in jail on the original case, but there was no new charge attached to the contact itself.
That changed on October 1. The contact is now its own offense, charged separately, with its own jail exposure and its own entry on a criminal record. The original case continues on its own track. A person can lose their bond on the first case and pick up a conviction on the second from one phone call.
The bill passed the House 101 to 8 and the Senate 37 to 0, so this is not a law that is likely to be rolled back soon.
Which arrests does the new law cover?
The new offense only applies when the original arrest was for one of the offenses on the statute’s list. That list includes murder, manslaughter, assault, aggravated assault, battery, aggravated battery, stalking, aggravated stalking, kidnapping, false imprisonment, sexual battery, lewd or lascivious offenses involving a person under 16, robbery, written or electronic threats to kill, and any other felony involving the use or threat of force.
Battery and assault are on the list, which matters because they are the charges behind most domestic violence arrests in South Florida. A misdemeanor battery arrest with a stay-away order attached is enough to bring a person under the new law.
What are the penalties for violating a no-contact order in Florida?
A first willful violation is a first-degree misdemeanor, punishable by up to one year in county jail. A second or later violation is a third-degree felony, punishable by up to five years in state prison.
The statute also lets an officer make the arrest without a warrant as long as there is probable cause, and it protects the officer from a civil lawsuit over that arrest. In practice, a report from the protected person plus a screenshot of a message is often enough for an officer to act the same day.
You stay in jail until a judge sees you
The part of the law that catches people off guard is the hold. A person arrested for violating a no-contact order must be kept in custody until first appearance. There is no release on the bond schedule and no bonding out from the jail overnight.
The Florida Senate’s summary of the law says the same hold applies when a person on pretrial release for a listed offense is arrested for any new law violation, not only a contact violation. At that first appearance, the judge must weigh the nature of the original offense, the person’s record of following court orders, and any evidence of an intent to intimidate or harm. A judge who sees a pattern can revoke bond on the original case entirely.
What this means if you are charged in Miami-Dade
In Miami-Dade, nearly every domestic violence or battery arrest comes out of bond court with a no-contact order. Many of the people under those orders share a home, a lease, children, a car or a workplace with the person they are ordered to stay away from. Before October 1, informal contact to sort out a school pickup or a rent payment was a risk to the bond. Now it is a new arrest, a night or more at Turner Guilford Knight, and a second case in front of a second judge.
Two things follow from that. First, contact through a third party, a relative or a friend, can still count as willful contact if the order says no contact of any kind. Second, the only safe way to handle shared obligations is to ask the court to modify the order. Judges in the Eleventh Circuit routinely modify no-contact orders to allow communication about children through a parenting app, or to allow one supervised trip to collect belongings. That request has to come through the court, usually through a lawyer handling the domestic violence case, before any contact happens.
If you have already been arrested under the new law, the first appearance hearing is where the damage is limited or made worse. Showing up with proof that the contact was accidental, initiated by the other person, or about a shared child does not erase the charge, but it changes what the judge does with the bond on the original case.
The law is six weeks old, so there are no Miami-Dade enforcement numbers yet. What is known is that the statute gives officers a clear, low-friction charge to file, and the agencies that handle domestic violence calls tend to use the tools they are given.
At a glance
- Effective October 1, 2026 (HB 397, Chapter 2026-155)
- Applies when the original arrest was for a listed violent offense, including battery, assault and stalking
- First violation: first-degree misdemeanor, up to 1 year in jail
- Second or later violation: third-degree felony, up to 5 years
- No release from the jail before first appearance; the judge then reviews bond on the original case
- Next step if you share a home or children with the protected person: ask the court to modify the order before any contact
This article is general information about Florida law and Miami-Dade procedure as of its publication date. It is not legal advice. Laws change, and the facts of a case matter.
