No Contact and No Violent Contact Bond Conditions in Georgia Bond Orders
If you or a family member or friend have been charged with a crime of violence against another in Georgia such as battery - family violence, aggravated assault, criminal damage to property, simple assault, simple battery, battery - substantial harm, or any other criminal offense where there is another party alleging harm to themselves, there is likely a no contact condition or no violence contact condition as a part of the bond order. Violation of a no contact or no violent contact bond condition can get your bond revoked, and you can end up in jail as your case is pending. It is important to understand what a no contact condition is, and what can be done to protect yourself and get the bond condition lifted.
What is a No Contact Condition?
A no contact condition is a provision of a bond order that prevents the person out on bond from contacting the person stated in the no contact condition. Contact means personal contact, physical contact, being in the same home, store, building, or location, communication by phone, computer, call, text, e-mail, writings, audio and video recordings, communication through other people, any communication by you or intended by you to reach the other party. You can’t live in the same home if there is a no contact provision in place. Often in family violence cases, there are people sharing homes, children together, and other situations that makes a no contact condition difficult on all parties.
A no violent contact condition is different from a no contact provision in that contact is allowed, but it cannot be violent or unwanted by the person named in the bond condition. A no violent contact provision will allow you to remain in your home together, but it is important to remember that if the other party alleges violent or unwanted contact, you risk your bond being revoked.
What Happens if I am Alleged to have Violated a Bond Condition?
If you are alleged to have violated a bond condition one of two things will happen. If you are alleged to have violated a no contact or no violent contact provision and a new crime has been committed you will be arrested and held in custody until a hearing can be held on revocation of your bond. If the other party just reports that you have violated your bond, you will be given a notice of hearing date for a bond revocation court appearance in front of a judge. At that bond revocation court date, evidence will be presented by both sides regarding the violation of bond condition. The Judge will then weigh the evidence and determine whether it was more likely than not that the bond condition was violated. If the Judge finds that the bond condition was violated by a preponderance of the evidence, they can revoke your bond or add additional conditions and restrictions to your bond.
What Can I Do to Prevent or Modify a No Contact Bond Condition?
The best thing that can be done is to prevent a no contact bond condition from being set in the first place. This usually happens when the other party shows up at the bond hearing whether it be at first appearance or later in the process and testify under oath that they wish to have contact with you. The Judge will consider their wishes before issuing bond. If the no contact condition has already been entered, then the only thing that can be done is to make a motion to modify bond conditions to either lift the no contact condition or amend it to no violent contact. In my experience, it is much more likely that the bond condition will be changed to no violent contact then to be removed completely. A motion takes time. It can be filed quickly, but it often takes weeks to get a hearing date. Having an experience Georgia bond modification attorney can help you make sure everything is done to move the process as quickly as possible
If you have any questions about a no contact condition of bond or would like advice about a domestic violence or any other type of criminal matter, call me for a free consultation at 678-753-6431.
