Category: Bail & Bond · Statute: F.S. 741.30 / 903.047 · Source: Florida Legislature
Understanding Keep Away Order in Florida
In Florida, a "Keep Away Order" is a legally binding directive issued by a judge, most frequently during a first appearance (bond court) hearing or as part of a domestic violence injunction under Florida Statute Section 741.30. Unlike informal agreements, this formal court order strictly prohibits a defendant from having any direct or indirect contact with the alleged victim, witnesses, or designated family members. This means the defendant cannot call, text, email, use third parties to send messages, or approach the protected individuals' homes, workplaces, or schools. Even if the alleged victim initiates contact or consents to communication, the defendant remains legally bound by the order and must immediately walk away to avoid violating it.
While often associated with domestic violence cases under Chapter 741, Florida courts can issue these orders in any criminal case where victim or witness intimidation is a concern. The order is designed to preserve the integrity of the judicial process and protect the safety of those involved while the criminal charges are pending. It remains in effect until the case is resolved, or until a defense attorney successfully petitions the court to modify or lift the conditions, which requires a formal hearing where the prosecutor and the victim have the right to be heard.
How a Keep Away Order Impacts Your Florida Bail
Under Florida law, abiding by a Keep Away Order is an absolute condition of pretrial release. If a defendant violates this order—even through a single text message—their bail can be immediately revoked under Florida Statute Section 903.0471. This allows a judge to order the defendant held in jail without bond until their trial. Additionally, violating a domestic violence pretrial release order is a separate first-degree misdemeanor under Florida Statute Section 741.29, resulting in new criminal charges and a separate arrest warrant.