Is Domestic Violence Charges Eligible for Bail?
Interviewer: When someone’s arrested, is bail typically asked for in a domestic violence situation?
Adam: They are at least going to have to have some bail set, and again they’ll have the no contact order issued by a judge.
What Does a No Contact Order Stipulate?
Interviewer: What exactly does a no contact order stipulate?
Adam: It means the defendant basically cannot talk to the alleged victim, and they also can’t indirectly communicate with the alleged victim. They’re prohibited from talking, harassing, or otherwise intimidating or threatening.
Interviewer: What if you live with the person? What if it’s your wife or your live-in girlfriend? Will that order prevent you from returning home?
In Keeping With the No Contact Order, the Defendant Will Have to Reside Elsewhere
Adam: Typically, they’re going to make the alleged offender declare a different residence, and he or she can have no contact with the victim. Even if it was a boyfriend girlfriend scenario and the boyfriend owned the home, he’s going to be ordered to go somewhere else at that point.
Interviewer: If you own a house and for example, you have a live-in girlfriend or wife, you could be forced out of your own house right away?
Adam: To a degree, yes you will have to reside elsewhere. The authorities don’t want to impose too much on the victim. He or she is an alleged victim at that point in time with certain rights, and they’re going to put the burden on the person that is the alleged criminal.
Who Usually Contacts a Defense Attorney When One Party Is Incarcerated?
Interviewer: Who is typically contacts you? Is it the person in jail, or is it the victim contacting you saying, “Oh my God, my husband’s in jail, I didn’t mean for this to happen?”
Adam: I am contacted both ways actually. Sometimes it can be a parent of somebody who’s been incarcerated, or arrested on a domestic violence charge and I’ve had an actual girlfriends and spouses say, “I didn’t mean for it to go this far I just wanted it to end, but the judge at the last hearing didn’t want to hear what I had to say”, and so it could be either one of those two cases.
By Adam Hunt