Category: Bail Conditions · Statute: F.S. 903.047 · Source: Florida Legislature
Understanding Stay Away Order in Florida
In Florida, a Stay Away Order is a mandatory condition of pretrial release enacted under Florida Statute Section 903.047. When a court issues this order, the defendant is legally prohibited from having any direct or indirect contact with the alleged victim or state witnesses. This restriction goes beyond physical distance; it strictly forbids communication through phone calls, text messages, social media, third-party messengers, or letters. The order typically specifies a precise geographical buffer zone, requiring the defendant to remain a set number of feet away from the victim's residence, place of employment, school, or frequent hangouts.
Unlike civil injunctions for protection, which require a separate petition and hearing, a criminal Stay Away Order is initiated by the state or the court during the initial criminal proceedings, most commonly at the first appearance (bond court) hearing. Under Florida law, "no contact" is the default standard for pretrial release in cases involving domestic violence, stalking, or violent crimes. The order remains in active effect throughout the duration of the criminal case unless a judge formally modifies or lifts it upon a specific motion.
How a Stay Away Order Impacts Florida Bail
Securing a bail bond through a Florida bondsman does not bypass or satisfy a Stay Away Order. If a defendant posts bail but violates the order—even by sending a single text message or returning to a shared residence to retrieve personal belongings—law enforcement can immediately arrest them without a warrant under Florida Statute Section 903.0471. Consequently, the court can permanently revoke the original bail, hold the defendant in jail without bond until trial, and authorize the state to file additional first-degree misdemeanor charges for the violation.