In cases of domestic violence, magistrates often place as a condition of bond that the alleged aggressor is not allowed to have any form of contact with the alleged victim. Domestic violence attorney Rebecca Wade explains what that means for individuals charged with domestic violence and the potential consequences of breaking the bond condition.
What is an Emergency Protective Order?
In addition to the no-contact bond condition, magistrates often also issue an Emergency Protective Order (EPO), which prohibits the alleged primary physical aggressor from committing acts of family abuse and typically from having any contact with the victim for 72 hours following the issuance. Wade says, “I’m seeing a lot of people think that after 72 hours when the EPO expires that they can go back to the house and start talking to their significant other again.” However, she explains that even if the EPO has expired, the no-contact bond condition still applies until:
- a) The case is resolved in court.
- b) The alleged aggressor’s lawyer goes to court and files a motion to amend bond, lifting the no-contact condition
Can No-Contact Bonds Be Amended?
Wade explains that filing a motion to amend bond is very common. “In my experience, most of the time judges will grant it if the other side is in agreement with it,” says Wade. However sometimes, based on the nature of the allegations, the Commonwealth’s Attorney will object to the motion to amend bond even if the alleged victim wants to have contact.
“These are all things you have to really look into if you are charged with a domestic violence offense so you don’t end up back in jail — not for violating the protective order but for violating your bond conditions,” explains Wade.
When to Contact an Attorney
Wade represents those who have been victims of domestic abuse as well as individuals falsely accused of domestic violence. If you or your children are victims of domestic violence, Old Town Lawyers can help you obtain a protective order for your safety. Please contact us for a confidential consultation right away if you face issues of domestic violence.
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