Domestic Violence Criminal Defense Lawyer Grand Rapids, MI
One common problem faced by those who are accused of domestic violence is there is often a condition placed on his or her bond that the home address is off limits and sometimes communication with family or household members is prohibited. This is often referred to as a no contact order. If you find yourself in that position, you will want a domestic violence criminal defense lawyer Grand Rapids, MI can count on for representation.
When will I be able to go back home?
If there is a bond condition that prohibits you from returning home, you are probably wondering when you will be allowed back. The unfortunate reality is that many people have a tough time making other accommodations and desperately need to return home. A hotel can be costly and relying on other family and friends can be stressful. But if you are on bond and it is a condition that you not go to your home address, you must comply.
In order to get back home, the judge must amend your bond to allow it. For this, you will want a lawyer to file a motion. Typically, a motion requires a hearing and notice to the prosecutor, which could result in a delay of at least a week, and probably more. Your lawyer may be able to accomplish it faster by stipulation with the prosecutor if the judge signs off on it. Whether or not you get to go back home depends on the judge and the situation. It may be necessary to take testimony or some evidence from members of the household or of the person who is the alleged victim that they desire your return. Some judges will simply grant the motion, others will require some domestic violence counseling, or even will await a plea and sentencing. Each scenario is fact specific, and its best to have an attorney to help navigate the process and advise you on the likelihood of success.
Why can’t I go back home if the person I’m alleged to have committed domestic violence against doesn’t live there?
Sometimes, the allegation comes from someone who is no longer a household member. Domestic violence encompasses more than just people within the home. Under Michigan law, an assault against a former household member, someone with children in common, or a former spouse can all fall under the umbrella of domestic violence.
If the person who is accusing you, or who is alleged to be the victim, no longer lives that the home, the courts may still order that you cannot return to your home address. Obviously, when your lawyer attempts to change this for you, it increases the chances of amending the bond to allow you to go home when the person you are to avoid does not reside at the home. Again, each scenario is fact specific.
What if I can’t see my kids?
Another unfortunate situation is where the kids are living at the home, and you are prohibited from communicating with the person who is caring for them. In some courts, the children are even listed on the bond as individuals you are not to communicate with. In these situations, the bond must be amended in the same manner it must be to return home. The bond can be amended to allow phone calls, parenting time, or any other manner of communication.
What happens if I just ignore the order and go back home?
The process of amending your bond, including the time it takes and the difficulty of success, can be daunting for some. You may be tempted to just disregard it and head home. Particularly where the alleged victim is making attempts to communicate that’s what he or she wants. Ignoring a condition of your bond is reckless and unwise. If you are caught violating your bond, it could be revoked, resulting in jail time. The judge could sentence you on a bond violation to jail and fines. It could also have a negative impact on your case.
It is important to address bond conditions that are imposing a burden on your life at the earliest possible opportunity. To accomplish this, it is best that you have a domestic violence criminal defense lawyer Grand Rapids, MI trusts. Give Blanchard Law a call at (616) 773-2945 to speak to a lawyer about your case today.