No Contact Bond Condition and Michigan Domestic Violence

undefinedNo Contact Bond Conditions and your Michigan Domestic Violence charge

If you have been arrested for Domestic Violence in Michigan, only a Judge or Magistrate can set the terms of your bond. This means that a person who has been arrested and charged with Domestic Violence in the state of Michigan is unable to get back out of jail pending their Arraignment until a Judge or Magistrate is available to hold the proceeding.

(Related: Assault and Battery Charges and What to Expect)

This process can be simplified by an experienced Michigan Domestic Violence Lawyer. If you believe there is potential that you will be charged with Domestic Violence in Michigan, it is in your best interest to contact a quality Michigan Domestic Violence Attorney. Doing so may allow you to make arrangements ahead of time and avoid ever serving any time behind bars.

In Domestic Violence cases it is common to be issued a bond condition that prevents you from making contact with the alleged victim in the case. Once the Court issues a NO Contact bond condition, absolutely no contact of any kind can be made, including: in-person, by telephone, text message, email, Facebook or other social media, or via third party.

(Related: Felonious Assault)

In the event that the alleged victim is your spouse or partner with whom you share a home, a vehicle, social functions, or worse, children, Michigan District Courts can set a “conditional bond” at your Arraignment. A conditional bond requires that you pay hundred or even thousands of dollars to the Court to secure your initial release from lockup in the event that you violate any of the imposed conditions, like NO CONTACT with your accuser, or drug or alcohol testing.

If you share a home with your accuser you could be forced to move out of your home. If you share children with your accuser, they could take away your right to see them. The potential consequences are serious but you are not defenseless against them! You are 100% innocent until you have been convicted. Bond plainly means conditions imposed on a person for two reasons: 1) to ensure the safety of the public, and 2) to ensure that you will return to Court when you’re supposed to. Michigan Court Rule 6.106 states that unless you have a history of violent crimes, you are entitled to be released on solely your guarantee to return to Court.

(Related: Child Abuse)

Prior to appearing at your Arraignment you will want to have an attorney talk to the Police Officer who is handling your case, in addition to the Prosecuting Attorney. These individuals are can contact your accuser to discover their true feelings about having contact with you while the case is pending. If an agreement can be reached with the alleged victim, you will have the opportunity to inform the Judge each time you appear in Court.

When setting the terms and conditions of bond in a Michigan Domestic Violence case, your Judge has a lot of discretion, but the Court Rule specifies that they look at a non-exhaustive, enumerated list of factors, and a well-written Motion to Modify will allow the Judge to review these factors thoughtfully without the immediate, spoken opposition of the Prosecuting Attorney. Call the right Michigan Domestic Violence Attorney and ensure the defense you deserve!
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