Typically, in most Domestic Violence situations, when an arrest is made, there can be a bond restriction placed at Bond Court that the alleged Defendant cannot have contact with the alleged-victim. This can create a lot of hard ships for those with families or small children.This applies in all DV charges including DV 3rd degree, DV 2nd degree, DV 1st degree, and DVHAN.
Any contact allowed by the defendant with the alleged-victim can violate a no-contact provision, even if the contact wasn’t initiated by them. For example text messages, using Facebook messenger, talking on the phone, or seeing each other in-person can all be considered a violation. And the remedy for a violation can be an immediate return to jail, but only this time you don’t get back out again on bond.
Many believe that the alleged victim can simply just ask for it to be lifted due to not being in fear of the alleged defendant. However, it is not that simple. The restriction is put in place to help people who are seriously at risk and possibly even brainwashed by an abuser. For this reason, the court doesn’t just automatically cancel the restrictions. In order to have no-contact provisions lifted the court will require a hearing where the alleged-victim will have to appear to personally confirm to the court that it is their request, and that they aren’t being pressured or manipulated into doing so. Our lawyers can facilitate this process by filing the necessary forms with the court to start the process.
All defendants who violate a no-contact provision, even just a little bit, are at risk for a return to jail. It’s important to try to begin work on lifting a no-contact order as soon as possible. If your domestic violence charge involves any sort of no-contact provision we would consider this to be something we’d want to consider urgent to begin work on. For a free consultation with our office contact us at 1-888-302-5840.