When you are arrested for CDV in South Carolina the Bond Court will routinely order that you have no contact with the alleged victim. The Court may not care if you are married, have children, or live or work together.
The bond restrictions are designed to stay in place as long as your case remains open and you are on bond. If you are planning on pleading guilty at the Court date written on your ticket this may not present much of a problem. However if you are going to be fighting your CDV arrest the bond restriction may present a much larger problem.
In many South Carolina communities the local police or Sheriff's Department has a team of full time officers who will conduct random checks to ensure that the no contact bond orders are being complied with. If a violation is discovered you can face up to 30 days (or more) for Contempt of Court for a CDV 1st and much longer for CDV 2nd, 3rd or DVHAN. Because of this very real possibility it is never advisable to violate the no contact or any other provision of your CDV Bond.
The only one who can modify a CDV Bond restriction is going to be a judge. Usually the Bond Court judge's do not entertain motions to modify any condition of the bond once it is set. However the Court that the case is assigned to will have this authority. In order to have the bond restrictions lifted or modified it takes a formal motion to the Court. In most cases the Court will conduct a hearing and then will decide whether or not to modify the restrictions. It is important that these hearings be handled correctly and in the precise manner demanded by the Court. You may only get one opportunity during the pendency of your CDV case.
I regularly represent my clients in motions and hearings regarding bond restrictions. If you or a loved one has been arrested for CDV and are interested in having the bond restrictions modified please contact my office for a confidential consultation.
