In many South Carolina domestic violence cases, bond courts impose a no contact order as a condition of release. If this applies to you, you may be wondering: what happens if you violate this order?
Understanding the implications of a no contact order is critical to protecting your rights and avoiding further legal complications.
What Is a No Contact Order?
Bond courts in South Carolina have wide discretion when setting release conditions. In domestic violence cases, judges often include a restriction prohibiting contact with the alleged victim. Sometimes, this also means the defendant cannot return to the incident location—even if it’s their own home.
How Do People Violate a No Contact Order?
Violations of no contact orders often come to light in one of two ways:
The Alleged Victim Reports the Violation
A common scenario is when the defendant and alleged victim resume friendly communication but later have another argument. If the alleged victim reports the consensual contact, it is considered a bond violation. In some cases, they may provide evidence, such as text messages, to the court.New Police Reports or Arrests
Another way violations are discovered is through new incidents involving the same parties. For example, if a new police report is filed or there’s another arrest, the court may learn of the contact.
It’s important to note that police typically do not monitor defendants for no contact violations. Instead, violations are often uncovered through the actions or reports of those involved.
Key Facts About No Contact Orders
- Only the Defendant Is Bound by the Order: The no contact restriction applies solely to the defendant. The alleged victim is not prohibited from attempting contact, but if the defendant responds or allows the interaction, they are in violation.
Consequences of Violating a No Contact Order
Violating a no contact order can have serious repercussions, including:
- Contempt of Court: The court can find the defendant in contempt, which may lead to fines or other penalties.
- Bond Revocation: If bond is revoked, the defendant will be re-arrested and held in jail. Unlike the first bond hearing, they won’t be eligible for another bond. This means they must remain in jail until the case concludes or the court issues a new order.
Being held in jail while awaiting trial can also increase pressure to accept a plea deal, even if you have valid defenses.
How to Handle a No Contact Order
If a no contact order is part of your case, it’s essential to comply fully. While it may be tempting to communicate with the alleged victim, the risks far outweigh the benefits.
If you need the no contact order modified or removed, there are legal procedures available. Working with an experienced attorney can help you request these changes while ensuring you remain in compliance with your bond conditions.
Protect Your Rights
Violating a no contact order can have severe consequences, but staying in compliance makes it much easier to achieve a favorable outcome in your case.
About the Author
This article was written by attorney James R. Snell, Jr., who has over 20 years of experience defending domestic violence charges in South Carolina. Serving clients in Lexington, Columbia, and surrounding areas, Mr. Snell is also the author of Challenging CDV, a comprehensive guide to South Carolina criminal domestic violence defense.
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If you’ve been charged with domestic violence, our office can help. Call us at (803) 359-3301 to schedule your free consultation at our Lexington location.