Domestic Violence is a very common charge in South Carolina. Even if you are arrested for the lowest-level DV 3rd Degree (carries a maximum of only 90 days in jail), it is very likely the judge at bond court will put a “no contact” order in place as a condition of your bond. This means that you can’t talk to or see your significant other until another judge removes this condition.
"No contact" means exactly that, "no contact." The onus is on the defendant to comply. The alleged victim is still allowed to try to initiate contact, but the defendant can't allow any. This means that the alleged victim can call, but the defendant's can't answer. The alleged victim can text, but the defendant can't reply. The alleged victim can knock on the defendant's door, but the defendant can't open it.
Many people violate the no contact restrictions. Few are actually caught by the court. However when the court does find out, sanctions can be swift and severe. The most common is a one-way ticket back to jail for the duration of the case. This could be weeks or months. If that happens, you will either be waiting in jail until the trial is scheduled, or you may decide you have no other choice but to plead guilty so you can get out of jail. This can result in a false or unfair criminal conviction- one that can follow you for life.
So what do we recommend? Frist, you should comply with the no-contact and any other requirements of your bond. Don't risk the one-way ticket to jail.
No contact restrictions can be lifted or modified. In order to do so will require filing a written request with the court (in the form of a motion), and asking to have a court hearing scheduled. The alleged victim will need to appear and be the one to tell the judge that they are requesting to modify or lift the restriction. This is not something that automatically happens (or happens at all) at your first court appearance date. Some people think that the no contact goes away at that first date, this isn't normally true unless you plan on showing up and pleading guilty (and then accepting any jail or other sentence the court imposes).
Our office has helped hundreds of defendants seek modification or removal of no-contact bond restrictions. These requests and hearings are included as part of our overall defense services. If you are facing a no contact restriction we consider this to be an urgent matter that needs to be addressed as early as possible. Call us at (888) 302-5840 to schedule a free consultation with one of our DV defense attorneys.