Interference Of Custody [Curious Question!]

Asked almost 4 years ago - Lawrenceville, GA

I've been charged for "Interference Of Custody" and I had a warrant of arrest, it was a misdemenor charge. Wht happened was I went to go see my ex-gf afterschool and took her out to eat, and her dad presed charges on me for it. She's under 18.

I turned myself in for the warrant of arrest, and I bailed out of jail and it was a special bond conditin which said that I CANT COMMUNICATE with her at ALL or else I will go back to jail and be charged wit a Felony. I AM NOT communicating wit her at ALL ANYMRE. And whn I bailed out, they said that I'd get a court date letter in the mail in a few months.

Now my ? is, will her dad or I have to prove to the court that I haven't been communicating with her ? I mean I'd alrdy be in jail if i did right? Or does tht have nothin to do with my charge?

Attorney answers (3)

  1. Leslie Vaughan Simmons

    Contributor Level 8

    Answered . As I understand your situation, it is a condition of your bond that you not have contact with the minor. It is not a criminal offense to have contact with her, but it would be a violation of your bond for you to have contact with her. If you have contact with her and if the judge is presented with sufficient evidence that you have contact with her, then the judge can revoke your bond and you can be incarcerated pending trial. Unless you are brought back before the court to revoke your bond, there won't be evidence presented as to whether or not you contacted the minor. So bottom line, technically, it has nothing to do with your charges, but it can land you in jail if you violate the bond condition. Good luck.

  2. David Edward Boyle

    Contributor Level 15

    Answered . It is up to the state to prove that you 1) interefered with the custody and 2) violated a condition of your bond to have no contact with her. For the second prong the State would have to file a motion to revoke your bond. For either of the these offenses I would encourage you to hire an attorney.

  3. Jessica Ruth Towne

    Pro

    Contributor Level 13

    Answered . Your condition of bond prohibits you from contacting your gf until the misdemeanor charge is resolved. However, you may also be charged with felony Aggravated Stalking and face possible revocation of the original bond if you contact this girl. I suggest that until the case is resolved and she's 18 that you not contact her. You should consider keeping a close friend nearby in case the dad thinks you're trying to contact his daughter. It is not worth the risk of a felony charge to contact that girl!

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