South Carolina CDV Contactless Bond Restrictions
When someone is arrested for CDV in South Carolina pursuant to a violation of SC Code 16-25-10, they will be taken before a Magistrate for the setting of bond. Bail is more than money that must be deposited or secured for release from it; It may also include other restrictions that the court determines are necessary to protect the people involved in the defendant’s case. Bond is set in CDVHAN’s misdemeanor and felony domestic violence cases in South Carolina.
In South Carolina domestic violence cases, a routine requirement set forth by the Bond Court is that the defendant must have no contact with the alleged victim in their case. This requirement may be included even in cases where the accused and the alleged victim are married, have children or live together. In addition, this requirement can be established even in situations where it is not requested, or even opposed by the alleged victim. This “no contact” provision is designed to remain in effect until the conclusion of the defendant’s case. An unfortunate outcome may be that defendants are pressured to plead guilty just to end the Court’s no-contact order.
South Carolina police departments regularly follow up on CDV arrests to ensure that the Court’s no-contact bond order is followed. In cases where it is being violated, the defendant may face contempt of court penalties. In many cases, the penalty will be to return to jail until the case is over (this can be 30 days or more).
It is important to know that bail restrictions do not apply to the alleged victim. This means that there is nothing the Court will do to prevent them from initiating contact with the defendant, but if contact is made, the defendant faces return to jail. Non-contact bond violations do not have to be violated by physical contact. Other ways include email, phone, mail, or initiating contact through third parties.
In order for the no contact provision to be lifted prior to the conclusion of the case, it is necessary to obtain a specific court order modifying the bond. Typically, this will require the filing of a formal motion and the court scheduling a hearing.
Another side effect of the no contact provision may be the impact it has on owning a shared residence. If the alleged victim lives with the defendant, even in the defendant’s own home, the defendant will not be allowed to return while the alleged victim is present. Additionally, the Criminal Court will not have jurisdiction to order the alleged victim to evict, which may require the defendant to apply to the local Trial Court for eviction. The eviction process can take two weeks or more to complete, during which time the alleged victim can remain in possession of the residence without obligation to pay rent or utility bills.
