Domestic Violence No Contact Order | Can They Do That?
Unless you have a competent Michigan Domestic Violence Attorney, this Domestic Violence No Contact Order can last for up to two years,
plus the time from Arraignment until Sentencing. If you reside with or have children in common with the alleged victim,
this can be a HUGE problem. You may be asking yourself "How does the Judge have the right to punish me like this? Aren't I
presumed innocent? Where will I live? This Domestic Violence charge is
just an unsupported accusation!"
I agree; the standard
Domestic Violence No Contact Order should be
illegal. But until the law changes, here's the deal: yes, the Court CAN legally
do this, even when your accuser completely lied and there is no other
evidence.
Why? The
Michigan Domestic Violence No Contact Order law, MCL 765.6b says so:
"(1) A judge or district court magistrate may release under this section
a defendant subject to conditions reasonably necessary for the protection
of 1 or more named persons. If a judge or district court magistrate releases
under this section a defendant subject to protective conditions, the judge
or district court magistrate shall make a finding of the need for protective
conditions and inform the defendant on the record, either orally or by
a writing that is personally delivered to the defendant, of the specific
conditions imposed and that if the defendant violates a condition of release,
he or she will be subject to arrest without a warrant and may have his
or her bail forfeited or revoked and new conditions of release imposed,
in addition to the penalty provided under section 3f of chapter XI and
any other penalties that may be imposed if the defendant is found in contempt of court."
On top of that, the Michigan Court Rules support this. MCR 6.106, entitled
"Pretrial Release," states that as a condition of Bond, the
Court may order you to "(m) comply with any condition limiting or prohibiting contact with any
other named person or persons."
The bottom-line is this: the Court can put you out of contact, out of home,
out of your normal life just because you've been accused. The only
question is:
what are you going to do about it? At Prain Law, PLLC, we do NOTHING but Criminal Defense, and we specifically
concentrate on defending those of Assaultive crimes, including Domestic
Violence.
We have NEVER had a client go to Jail for Domestic Violence. At any given time, chances are we're taking action for a client to
either get rid of a Domestic Violence No Contact Order or have it modified
to terms the client can live with.
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