Fairfax Domestic Violence Pre-trial Release Conditions
If you are facing a domestic violence charge in Fairfax and looking at a pre-trial release hearing, it is imperative you contact an experienced domestic violence attorney for assistance in pursuing the best possible outcome for the details of your case. An attorney can advocate on your behalf and put together the strongest argument possible for a pre-trial release.
In the event that a person is held without bond or with a bond they can not afford after they have been arrested, then the attorney could file a bond motion or a bond reduction motion in the court in which they were charged. This would be to encourage the possibility of a pre-trial release following a domestic violence charge in Fairfax.
Considerations for Pre-Trial Release
During the bond reduction motion, the court is required to consider two things for pre-trial release. First is a person’s risk of flight, meaning, whether or not they are likely to reappear in court for the trial date. Many factors weigh into that consideration such as, whether or not the individual has ties to the community such as work, residency, how long they have lived here, or if they live out of state, and what they will be doing to get back here.
The second element that the court is required to consider at a bond motion is the risk to the community. In many cases involving Fairfax domestic assault, the real question is whether or not the accused is a risk to the alleged victim and that is something that is considered on a case-by-case basis. It really depends on the facts and circumstances surrounding the initial arrest and the background between the two parties, whether there have been multiple previous allegations or convictions of assault between the two parties.
In most cases, typical bond conditions apply. These include showing up for future court dates, not violating any other provisions of the law while awaiting trial, and staying in touch with their attorney. However, one unique aspect of domestic violence cases is that upon release, depending on the wishes of the alleged victim, it is somewhat common for a judge to order that the accused have no contact of any kind with the alleged victim.
In these cases where a no-contact order is issued, a judge may also specify that nobody on the “defendant’s side” reach out to the alleged victim as well. This is designed, of course, to protect the alleged victim from being harassed into changing his or her story, or intimidated against going to court.
With that said, it really depends on the specificity with which the judge orders no-contact, and whether or not it extends to friends and family.
Violating a No-Contact Order
If the court receives credible information that a person has violated the terms of a pre-trial release no-contact order, then that person’s bond can and very often will be revoked. Meaning, that person will be re-arrested and taken back to jail and they will stay in jail until at least their trial date.
If a judge orders the accused not to contact the alleged victim in a case and they do, they are violating a direct order of the court. Doing so will serve no favors going to trial. It will almost certainly result in the defendant being re-arrested and sent to jail with no hope of getting a bond before the trial date. It will make the judge very angry before the domestic violence case has had a chance to be tried.
For a number of reasons, if a Fairfax judge orders no-contact, a person should not, under any circumstance, disregard that order.