Domestic violence release conditions strike a balance between affording someone accused of domestic violence their due process and the physical and emotional well-being of the alleged victims. If someone violates their domestic violence release conditions, the court can revoke their domestic violence bail and file new criminal charges.
The last thing you need to deal with while facing domestic charges is an additional charge for violating your pretrial release conditions.Violating the pretrial release conditions is not a good way to convince the judge you did not commit the underlying domestic offense. Before you decide to violate the terms of your release, contact a domestic violence lawyer to discuss your case.
Our team can find alternative routes to help you avoid violating your conditions and remain compliant until your court date. Contact Moses & Rooth today to discuss your case with one of our experienced lawyers.
Domestic Violence Release Conditions: What You Need to Know
After you are arrested for a domestic violence charge, you will be held in jail until a judge can set your bond and release conditions. You may be released without bond, but it is highly unlikely that you will be released without special conditions. Although they will vary by case and are at the judge’s discretion, common release conditions include:
- No participation in any form of criminal activity;
- No possession or use of any weapon or firearm;
- No contact with the alleged victim;
- Living separately from the alleged victim;
- No possession or use of drugs or alcohol;
- Mandatory drug or alcohol testing;
- GPS monitoring, often via an ankle bracelet; and
- House arrest.
Your conditions will be made clear to you, if you are permitted pretrial release or release on bond. The court can also issue an order of no contact between the accused and the alleged victim. A no contact order prohibits all forms of communication, including:
- Written,
- In person,
- By telephone,
- Electronically, or
- In any other manner.
Even attempting to contact the alleged victim through third parties is considered a form of communication and is prohibited. The order also requires the accused to stay at least 500 feet away from the alleged victim’s home, vehicle, or place of employment.
No contact orders take effect immediately and last throughout pretrial release unless the court states otherwise. Any special conditions of your release are legally binding and breaking any of these conditions can result in a new criminal charge.
Penalties for Violating Release Conditions
Violating your release conditions is a first degree misdemeanor. Although this is a relatively minor offense, it can add up to a year in jail and up to $1,000 to your fines. You will also be held in jail until your court appearance, with no possibility for pretrial release.
While you will certainly be charged with a misdemeanor for violating your release conditions, you may face other charges, as well. Participation in a criminal activity such as stalking or criminal mischief, for example, will bring other criminal charges with it in addition to the misdemeanor. Contacting the victim could, in some cases, result in additional charges as well, including destruction of property or harassment.
Is a Domestic Violence Charge Bailable?
Yes, bond for a domestic violence charge is bailable unless it is a capital or life felony charge.
Pretrial Release Violation Defenses
Pretrial release conditions seem relatively straightforward. However, you may find yourself charged with violating them even if you have worked to follow the conditions carefully.
In some cases, a legal defense can help you avoid additional charges for violating pretrial release conditions. Valid legal defenses include:
- The underlying offense was not a domestic violence-related charge;
- Your contact with the alleged victim was purely accidental; or
- The victim set you up to violate your pretrial release conditions.
If the alleged violation of your pretrial release conditions is the commission of a crime which you did not commit, your defense will rely on proving your innocence. Your attorney can help you to gather the necessary evidence for both your domestic violence and other criminal charges, potentially reducing or eliminating your jail time.
How Can a Lawyer Help Me After a Violation of Pretrial Release Domestic Violence Conditions?
An experienced lawyer can mean the difference between staying locked up until trial and returning home with your family. A Moses & Rooth attorney can benefit your case by:
- Outlining your legal rights during the investigative process,
- Creating a robust legal strategy to defeat your charges,
- Highlighting the weaknesses in the state’s case,
- Identifying a valid legal defense,
- Collecting evidence to prove your innocence, and
- Negotiating with the prosecuting attorney on your behalf.
We will use our experience and resources to secure the best outcome possible. You cannot afford to hire an inexperienced attorney when your freedom is on the line.
Contact an Attorney
You may believe that you simply have to accept and abide by your pretrial release conditions, as well as any penalties for violating them. However, the team at Moses and Rooth, Attorneys at Law, may be able to help you change your release conditions, particularly if the alleged victim requests contact.
Our team has over 3 decades of combined experience in criminal defense law and has represented clients facing domestic violence accusations. We know that not everyone accused of a crime is guilty. We will work tirelessly to protect your rights and give you sound legal advice.
As former prosecutors, we know how the other side handles violations of domestic violence pretrial release conditions. This experience will be invaluable in defending your domestic violence release conditions violation.
If you are found in violation of your release conditions, your attorney may also be able to help you prove that the violation was unintentional, thus reducing or eliminating the consequences. Call (407) 377-0150 now to get legal help.