In a DV case, if a wife is charged and is out on bond is she in violation of her bond by contacting or coming to her husband’s residence?

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In a DV case, if a wife is charged and is out on bond is she in violation of her bond by contacting or coming to her husband’s residence?

She is charged with aggravated assault and aggravated domestic assault.

Asked on July 2, 2015 under Criminal Law, Tennessee

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Just because a person has an assaultive charge and then contacts a victim, they are not automatically in violation of their bond.  What invokes a violation is the terms and conditions of the bond.  If the bond conditions are silent regarding any contact with the victim, then it's not a violation.  If she has a no contact with victim bond provision, then she would be in violation.

If there is no violation of bond, but she is going over to the husband's house to threaten him to get him to drop the charges, then this could be a new charge of witness tampering.

If you don't know the conditions of bond, then you need to obtain a copy of the bond conditions from the court, the jail, or the prosecutor.


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