If you or a family member have been arrested for domestic violence, here's some information that you need to know. Bonds for domestic violence battery are set by the judge. That means the person arrested will have to wait until he or she sees the judge the next day at First Appearance (also called 24-hour court) to get a bond. The judge will usually issue a No Contact Order, prohibiting the arrested person from having any contact with the alleged victim as a condition of pre-trial release, or as a condition of release on bond.
If the alleged victim does not want a No Contact Order issued, he or she can express that to the judge. As your attorney, I can appear at court and request a bond, or help you address the issue of the No Contact Order. In addition to release from jail by posting bond, a person arrested may be released without posting a bond, if the judge allows release on pre-trial release (PTR). Persons released on PTR must phone the Sheriff's office weekly as a condition of release.
Counties are very aggressive in fighting domestic violence. If law enforcement is called to a physical dispute, they are supposed to determine who the primary aggressor is, and arrest that person. Often the alleged victim wishes to have the criminal charges dropped. In crimes of alleged domestic violence, however, it is the policy of the State Attorney's Office to go forward with the criminal charges regardless of the wishes of the alleged victim.
Call Christopher O’Brien at (239) 337-0448 today to schedule your free initial legal consultation.