Category: Court Process · Statute: F.S. 61 · Source: Florida Legislature
Understanding Family Court (Related to Criminal) in Florida
In Florida, while criminal courts address violations of state law and determine guilt or innocence, the Family Law Division of the Circuit Court—governed largely by Chapter 61 of the Florida Statutes—handles the domestic fallout of an arrest. When a domestic dispute, child abuse allegation, or drug offense occurs, the legal consequences quickly split into two distinct tracks. The criminal court focuses on prosecuting the defendant, while the family court steps in to address critical civil matters such as child custody, visitation rights, and child support during and after the defendant's incarceration.
The intersection of these two courtrooms is highly structured. For instance, an arrest for domestic violence often triggers an immediate petition for a Domestic Violence Injunction (commonly known as a restraining order) in family court. Similarly, if an arrest leaves a child without a legal guardian, the Department of Children and Families (DCF) may initiate dependency proceedings. What happens in the criminal case heavily influences the family court judge, who must prioritize the "best interests of the child" under Florida law when modifying parenting plans or terminating parental rights.
How Family Court Proceedings Impact Bail and Pretrial Release
Under Florida law, a family court judge's ruling can directly restrict a defendant's freedom even if they secure a bail bond. If the family court issues a temporary injunction or a protective order, it may legally bar the defendant from returning to their home or contacting their children. Violating these family court orders while out on bail is a separate criminal offense that will result in the immediate revocation of the original bail bond, returning the defendant to custody.