When you or a loved one is charged with an assault and battery and there is also a protective order that has been issued, it is very important that you make sure the terms and conditions of both are not being violated. When there is a criminal assault charge on someone the Judge or magistrate will decide whether to set bond. Sometimes you have to pay to get out of jail, sometimes it is an unsecured or a personal recognizance bond where you do not have to pay anything, and sometimes a person is held without any bond. Some Judges and Magistrates will also set other conditions as part of your release on bond. These conditions can be things like you may not leave the State or they can order that you have no contact with the complaining witness in the case while your court date is pending.
A protective order is usually issued along with a criminal assault and battery charge (especially if the assault involved family or household members aka domestic violence). The protective order can prohibit ALL contact; sometimes it allows only for PEACEABLE contact, or it can allow only contact through certain means such as text, email, etc.
It would make sense that the bond conditions and the protective order would contain the same instruction son whether contact is allowed but there are times when they do not match up so you need to consult an attorney to confirm if you are in violation. If the bond conditions say no contact but the protective order says you may have peaceable contact then you are NOT ALLOWED to have contact or you risk a violation. If the protective order says no contact of any kind but your bond conditions do not probhibit conduct you are still NOT ALLOWED to have contact.
Violating your bond conditions can cause your bond to be revoked and violating a condition in the protective order can cause you to be arrested on a new crimianl charge. If you are convicted on a protective order violation the Judge CANNOT suspend all the jail time. So violating the bond condition or protective order can result in you going to jail. If you are confused about whether you can have contact please call us for a free consult so we can advise you before you risk your freedom.