Legal Question in Criminal Law in Virginia

I reside in Midlothian, VA, in Chesterfield County. My adult son was charged with simple assault on a family member and released on a secured bond set by the magistrate. A temporary restraining order was entered by the magistrate that expired 1-Dec at 11:59pm. However, when he appeared at arraignment/pre-trial on 29-Nov, the judge added a no-contact condition to the secured bond until the trial date on 15-Feb-2018. My son suffers with a diagnosed serious mental illness for which he is receiving outpatient treatment through the local community mental health agency. He requires constant assistance for his basic needs for food and shelter as he has been unable to maintain employment due to a psychological disorder. We believe inadequate case management and intervention from the local mental health agency contributed to the assault. I am the family member who provides for his shelter and safety and I am also the person he assaulted. I also told the police that I did not want to press charges based on his documented history of mental illness. The current bond condition is not needed as he has compiled with all terms of his release and will be in active pre-trial supervision once a week until the trial date.

I appeared at his arraignment on 29-Nov to advocate on his behalf but the judge was unwilling to set aside the pre-trial recommendation for no contact until trial date. Is there any way we can appeal the bond condition or have the conditions of the bond modified? He is a significant risk of being violated if he speaks with me or returns home for any of his belongings. Since this case is in family court, who may petition the court to reconsider the condition, and is it possible to just appeal the condition since no court order was issued (it was only a condition added to his secured bond)?


Asked on 12/02/17, 5:10 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

I would suggest that you contact an attorney for advice who practices in the J & DR Court of Chesterfield County

where your son has presumably been charged to determine what may be your best approach

to deal with the situation you've described.

Office Tel. (703) 838-5577

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Answered on 1/01/18, 8:24 am


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