Pre-Trial Release in Virginia Beach Domestic Violence Case

When involved in a Virginia Beach domestic violence case, an individual may request a pre-trial release. A pre-trial release allows the defendant to be released from jail and await their court date while continuing their normal day to day lives. There are several factors that the judge considers before granting pre-trial release. Many times, a judge will impose a no-contact order if they grant a pre-trial release in Virginia Beach domestic violence case.

If you are facing domestic violence charges, you will want an attorney to help you through each step. If you are considering a pre-trial release, an attorney can approach the judge on your behalf. A skilled domestic violence attorney can help you understand your rights, and do everything in their power to get you pre-trial release.

Factors to Determine Pre-Trial Release

There are two main things that a judge considers for pre-trial release in Virginia Beach. One is flight risk; the other is a danger to the public. If the person lives in Virginia Beach and they lived there for 20 years and they do not have a criminal record, it is pretty easy to argue that that person is not a flight risk, they have ties to the community and it is not something that is likely to be repeated. So then, that person is not a threat to cause any harm and so, therefore, it is safe to release them on bond while the case is pending.

If it is determined that they will not ‘take flight’ and try to avoid their charges, and that they will lay low and avoid presenting any danger to those involved in the case, the police, or their community, then pre-trial release may be instituted in their case.

No-Contact Orders

Prosecution will often impose what is called a no-contact provision; it is similar to a protective order where they are not to have any contact with the complaining witness. If this happens, depending on where this happened, they may be barred from a property. Also, they may be restricted from leaving Virginia so the person may have to stay in the state while this is going on.

It means that the person is not to have any contact, direct or indirect, with the person named in that order.  This is a strict term that judges will impose for pre-trial release in Virginia Beach.

A person should not contact the person under a protective order unless a judge allows for it. A judge may allow contact through a third party if there are custody or property issues. Otherwise, any contact can violate that protective order or no contact order. It can also trigger an obstruction of justice charge if the person is not careful because a judge may say that the defendant is trying to use other people to put pressure on the complaining witness to drop the charges.

Violating No-Contact Order

If the no-contact order is violated, it can be considered a violation of a person’s bond and they will then be held in custody, their bond will be revoked, and they will be held in custody until the case is over. If a no-contact order is part of a protective order, then that person can be convicted of violating the protective order, which is a misdemeanor.

When the individual is under a no-contact order, it is a condition of their bond. Any violation to that can lead to their bond being revoked. It can also irritate the complaining witness. If the judge says to stay away from this person, they should stay away from them and let their lawyer do the talking.

Hiring a Lawyer

A Virginia Beach domestic violence lawyer can work with their client to reduce penalties associated with a conviction. If the judge grants a pre-trial release in Virginia Beach, they often require the defendant to follow a no-contact order.

While this process is standard, it is still crucial that you consult an attorney. A Virginia Beach domestic violence lawyer has the experience to negotiate on your behalf for a pre-trial release. They will do everything in their power to ensure that you are receiving appropriate legal counsel.