In determining whether to order release of a person lawfully arrested for a domestic violence crime, and, if so, under what conditions, the Court shall consider:
A. 
The likelihood that the defendant will appear for further criminal proceedings.
B. 
The nature and severity of the offense.
C. 
The likelihood that the defendant will commit a violent crime, seek to intimidate a witness, or unlawfully interfere with the administration of justice.
D. 
The criminal history of the defendant.
(Prior code § 8.2.7.010; Res. 2006-41; Res. 2006-63; Res. 2011-020)
If the Court finds that the defendant should be released pending further criminal proceedings, the Court may impose one or more of the following conditions of release:
A. 
Posting of bail in an amount deemed adequate to guarantee the appearance of the defendant throughout the criminal proceedings.
B. 
Postponing release until after a further "cooling off" period not to exceed 72 hours.
C. 
An order to commit no further acts of domestic violence.
D. 
An order not to contact, harass, annoy, telephone, or otherwise communicate, directly or indirectly, with the alleged victim, the alleged victim's family or household members, or any witness to the alleged act of domestic violence, except that essential contact may be made through application to the Court.
E. 
An order to vacate, or stay away from the victim's residence, even if it is a shared residence or principally owned by the alleged perpetrator.
F. 
An order to stay away from any well-defined geographic area, including, but not limited to, a residence, workplace, school or daycare of the alleged victim, the alleged victim's family or household members, or any witness to the alleged act of domestic violence.
G. 
An order prohibiting the possession or use of any firearm or other weapon specified by the Court, and to turn such weapon over to law enforcement for safekeeping.
H. 
An order prohibiting the person from possessing or consuming alcohol or controlled substances and from being at any place where alcohol is served or being consumed. The Court may order physical, mechanical, chemical or electronic testing to assure compliance.
I. 
Any other order the Court believes is reasonably necessary to protect and ensure the safety of the alleged victim or a family or household member, or to ensure the appearance of the person at subsequent Court proceedings.
(Prior code § 8.2.7.020; Res. 2006-41; Res. 2006-63; Res. 2011-020)
A. 
When pre-trial release conditions are imposed on an alleged perpetrator, the Court shall issue a written order containing the conditions of release and a statement, in either bold face type or capital letters, that substantially informs the released person that:
Violation of this order is a criminal offense and will subject the violator to arrest. You can be arrested even if any person protected by the order invites or allows you to violate it. You have the sole responsibility to fully comply with all of the order's provisions. Only the court may change the order.
B. 
The Court shall immediately distribute a copy of the order to law enforcement and direct law enforcement to provide a copy to the alleged perpetrator upon his or her release. Failure to provide the person with a copy of the conditions of release does not invalidate the conditions if the arrested or charged person had notice of the conditions.
(Prior code § 8.2.7.030; Res. 2006-41; Res. 2006-63; Res. 2011-020)
If a criminal complaint is not filed prior to the in-custody hearing or by the arraignment date, then any condition of pre-trial release ordered by the Court shall expire.
(Prior code § 8.2.7.040; Res. 2006-41; Res. 2006-63; Res. 2011-020)
When a person who has been arrested for a crime under this division is released from custody, the Court shall direct law enforcement to use all reasonable means to notify the victim that the person is being released and to furnish the victim with a copy of the conditions of release.
(Prior code § 8.2.7.050; Res. 2006-41; Res. 2006-63; Res. 2011-020)
A. 
When a law enforcement officer has probable cause to believe that a person has violated a condition of release imposed by the Court after an arrest or detention for allegedly committing a domestic violence crime, the officer shall, without a warrant, arrest the alleged violator.
B. 
A person arrested for violating pre-trial release conditions shall not be released from detention until 72 hours after arrest unless a court hearing is held prior to the expiration of the 72-hour period.
(Prior code § 8.2.7.060; Res. 2006-41; Res. 2006-63; Res. 2011-020)