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Lifting no contact bond restrictions with court shutdowns

Lifting no contact bond restrictions with court shutdowns

A standard problem faced by families dealing with a domestic violence arrest are no contact bond restrictions These restrictions, which can be arbitrarily imposed by the bond court, prevent the defendant and the alleged victim from being around the other, talking on the phone, or even emailing. It doesn't matter if the defendant is innocent, or if the alleged victim requests to dismiss the charges. If there is a violation, even if initiated by the alleged victim, the defendant can face an immediate return to jail for the duration of his or her case. Since courts are all currently closed, that could be months even for a first offense charge.

Normally the process to have these restrictions lifted involves obtaining an actual hearing in front of a judge. The alleged victim is required to be physically present and is is directly quested by the court if they are in fact requesting the restrictions to be removed.

Since courts are currently closed it is impossible to obtain this type of hearing. We have however had recent success in having restrictions lifted based on written submissions and a telephone interview of the alleged victim.

For many families it is very important to have no contact restrictions lifted as soon as possible. You can't get a motel room now. It also is very expensive to rent and apartment and pay utility bills on a separate residence to comply with a no contact order. The only way many can legally comply with the order is by having it removed.

Just as no contact restrictions can now be lifted without a hearing, the family court is now granting no court divorces. These allow for a no-fault divorce to be granted on the grounds of a one year separation if there is also a comprehensive settlement of all issues. We will likely see courts continue to adapt in new ways to accommodate social distancing principles.

We're able to accept clients facing a South Carolina domestic violence charge anywhere in South Carolina. This includes DV 3rd, DV 2nd, DV 1st, and DVHAN. If you'd like to schedule a free consultation with our office you may do so by calling us at 1-888-301-6004.


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