One of the main differences between domestic violence and other types of
criminal cases is the close relationship between the defendant and alleged victim.
CDV bond restrictions
can cause special difficulties when they share housing or having children together.
After an arrest a defendant has to go to bond court to learn the requirements
of their release. It is not unusual for the bond court to order the defendant
to have no contact with the alleged victim. This prohibition includes
personal visits, telephone calls, e-mails, texts, or Facebook friend requests .
It is important than defendants comply with these no contact bond restrictions.
Failure to do so can result in re-arrest for contempt of Court and an
automatic ticket back to the local jail. This can be as much as thirty
days for cases in the Magistrate's Court, and even longer in cases
pending in
General Sessions
.
A common scenario is that after the bond court the alleged victim will
try to initiate contact with the defendant. Many CDV defendants believe
that if the alleged victim or e-mails them that the bond restrictions
don't apply. This is not true, and until the bond restrictions are
lifted by the Court any communications with the alleged victim are prohibited.
Bond restrictions do not apply to the alleged victim. The only one who
can get in trouble with the Court is the defendant.
The best course of action for CDV defendants with bond restrictions is
no have absolutely no contact with the alleged victim. In cases where
the bond restrictions present difficulties and there is full consent it
may be possible to have the Court lift them after a special hearing. A
domestic violence attorney
will know the procedure to have any requests concerning bond restrictions
presented to the Court.
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