If you have been charged with domestic violence in South Carolina in most cases you will have been given a bond with certain conditions. This is most likely the first time you will have asked what is a no contact order in SC. One of the most common conditions is that there be no contact from you with the alleged victim in the case either verbally or electronically. Yes, this means that you will have to move out of the home where you were living and cannot return until the bond condition has been modified or the case has been resolved. See 16-25-120 Domestic violence charges are serious and can have a major impact on your life, call a Mt. Pleasant criminal defense attorney today.
What is a No Contact order in SC?
A no contact order is a condition set in place by the judge who set your bond. This requirement is in place for the entirety of your case or unless a judge modifies that condition before the case is over. Only a judge can modify the terms of the condition, it does not matter that the alleged victim contacts and says they are fine with you moving back in or meeting with them. Because it is an order from the court you are subject to legal penalties if you are found to be in violation of the order.
Who sets a No Contact order in SC?
A no contact order is set by the judge at your bond hearing and is part of the requirements that you must comply with upon your release from jail. They typically include no verbal or telephonic communication or other forms of communication which includes, Facebook, twitter, text messages and even third-party contact (have a friend or family member pass along a message for you) to the alleged victim.
Does No Contact apply to the victim?
No. The reason for that is the bond condition is applied to the person that is charged with a crime and is attached to you being released from custody, because the alleged victim was not charged with a crime they do not have a bond condition set by a judge.
How does a No Contact order get modified?
You attorney can file a motion with the court to modify the terms of the no contact provision. You will need the alleged victim to be present at the hearing so the judge can make an informed decision whether they are going to modify the terms or not.
Occasionally you can modify a bond condition by consent with the prosecutor and have a judge sign off on the order but this rarely happens as prosecutors are concerned about further incidents happening in the relationship and do not want to risk the potential blowback.
Mt. Pleasant Domestic Violence Attorney
Call me today at (843) 530-7813 with any questions or concerns regarding your no contact order in SC from your Charleston domestic violence arrest, you will speak directly to an experienced Charleston criminal defense lawyer about your case. The consultation is free and all discussions are confidential.