If you are arrested in the State of Arizona and the prosecuting agency has determined there is an alleged victim(s) in your case, it is imperative that you understand your release conditions as it relates to what is and what is not permissible contact with the alleged victim(s). In most cases, Courts will order no contact whatsoever with an alleged victim(s). In some cases, a Court might allow some forms of indirect contact but not in-person contact. This usually occurs in circumstances where the alleged victim(s) and the accused have children; or property; or a business in common. For example, a Court may order communication through writing, telephone, text message, and/or email regarding the parties’ children and/or property and/or the business. Some courts may allow the alleged victim(s) to initiate contact with the accused but not allow the accused to contact the alleged victim(s). Courts might also allow contact through a third-party such as an attorney or mutual family member.
An often overlooked issue that relates to alleged victim contact is a condition of release that prohibits you from returning to the scene of the alleged crime. Unfortunately, this is a fairly standard term of release in many cases that involve domestic violence. This can certainly complicate things for you if the incident occurred in your own home or a dwelling shared with the alleged victim(s).
It is important to understand the restrictions the Court has placed on you to ensure you are not violating your release conditions. Violating these conditions puts you at risk of a Court revoking your release altogether and placing you in-custody during the pendency of your court case.
An experienced attorney can assist you in understanding your release conditions and reviewing your circumstances to possibly present an argument in support of modifying the level of contact that has been outlined by the Court. The attorneys at Castillo Law can also fight on your behalf at your Initial Appearance when your release conditions are being set by the Court to try to prevent these conditions from being put into place from the start. If you, or a loved one, find yourself in a similar situation, you can reach out to attorneys at Castillo Law 24/7 for emergency assistance at 480-206-5204.