Maryland Domestic Violence Pre-Trial Release
When attempting to have Maryland domestic violence pre-trial release after arraignment, a skilled domestic violence lawyer argues that the person is not a danger to themselves or to the community around them.
When relevant, the attorney can demonstrate that the person has no criminal history at any time and that they are otherwise a peaceful citizen.
They might argue that the person is a productive member of society, is employed or a full-time student, the person is not a flight risk and is a good candidate for pre-trial release. The attorney assures the court that the person will return to court for the upcoming hearings.
Imposed Conditions for the Accused
A judge can impose the stay away order for a particular location, a person’s residences, their workplace, or school. The judge might impose no contact or supervised contact with the children when the children reside with the other party or at the location the person is not permitted to go.
The judge might even order GPS monitoring so the courts can monitor where the person is going to make sure they do not return to the scene of the event. The person might be put into a program for substance abuse or anger management through pre-trial services when those are a concern.
Meaning of No Contact
A no contact order is an order of the court and can be a condition of the person’s bond and can affect the probability of pre-trial release for domestic violence cases. If they fail to comply with the court order, they are in violation of this condition and face consequences including having their bond revoked and being incarcerated.
The court issues a no contact order that requires the person to have no contact with the other party who is the subject of the order. Sometimes there can be no contact at all, sometimes it means only documented contact such as electronic media that can be monitored for its content.
Sometimes a no contact order means no hostile contact. The parties are permitted to live with other and spend time with each other, but if there are any hostilities, the person is considered in violation of the conditions.
Role of Intermediaries
Third parties can have an impact on Maryland domestic violence pre-trial release cases. There are situations where other people can act as intermediaries between parties. Those conditions should be cleared with the person’s attorney and the court because no contact means no contact.
If somebody is contacted through a third party and they do not want that contact or it was not part of the court’s order, they can report to the court that the other party contacted them in violation of the court’s order.
When a person does not abide by those conditions, they are considered to be in contempt of an order of the court. There are consequences including a revocation of the bond and perhaps a period of incarceration.