Are bond restrictions reciprocal?

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.
Categories: Domestic Violence
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