“Stay Away” and “No Contact” bond conditions are common conditions attached to bond orders when someone is charged with battery. These conditions mean just what they say: that the defendant is to stay away from the alleged victim in the case, and is to have no contact with them under any circumstances. While this is normally an easy condition to abide by, what do you do if the alleged victim is a spouse, child, or someone else who lives in your home?
If you have been arrested and charged with battery or battery-family violence against someone who lives with you and there is a no contact provision to your bond, continuing to reside in the home with that person is a violation of your bond condition, and puts you at serious risk of having your bond revoked. This is true even if the alleged victim in your case expresses a desire to have the charges dropped, they want to continue to live with you, or it was all a misunderstanding. If there is a no contact condition, any contact, even if friendly, could result in a bond revocation. So what should you do?
If you have charges of battery or battery-family violence and you want to continue to live with or see the victim in the case, you must first obtain an order modifying your bond conditions. You must do this before you continue to live with or communicate with the victim. You should contact an attorney to request that they file a motion for bond modification with the Court. Your attorney will then file the motion on your behalf, and the Court may grant the motion or may decide to have a hearing on the motion. If the Court schedules a hearing, your attorney will appear and advocate on your behalf, arguing that you should be permitted to have contact with the alleged victim.
If you are currently in contact with the alleged victim in your case and there is a no contact provision, notify your attorney immediately, and remove yourself from the residence or location where the victim is staying. Do not continue to speak to or reside with the victim until your bond can be modified.
At the Law Offices of W. Scott Smith, our lawyers are trained at defending such allegations, we are knowledgeable about all the potential defenses of such a charge, and we have experience at trial advocating for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for battery-family violence in Fulton County, please call our office today at 404-581-0999 for a free consultation.