Can Bond Conditions Be Modified to Allow You to Return Home in Texas?

If you are arrested on a family violence charge in Williamson County, judges often set strict bond conditions when an alleged victim lives with you. One common rule is a no-contact order that prevents you from returning home.

This situation can be tough right away. You might not be able to see your family, go home, or even collect your personal belongings.

The good news is that judges often agree to change bond conditions, so you can return home. However, one key factor often plays a major role in whether that request is approved.

The Key: The Alleged Victim’s Agreement

When bond conditions keep you from going home, the court may consider changing them, but usually only if the alleged victim or complaining witness agrees.

For example, under Texas Code of Criminal Procedure Article 17.40, judges have the authority to modify bond conditions to ensure both community safety and fairness. Many courts in Williamson County routinely review such requests in accordance with these laws and local policy.

Judges take alleged victim safety seriously. If the alleged victim objects to lifting the restriction, the court is unlikely to modify the bond. The risk for violating a protective order is too high.

But if the alleged victim agrees to let the defendant come home, it can greatly increase the chances that the judge will approve the change.

How the Process Typically Works

Often, the defense attorney will do the following:

1. Contact the alleged victim.
2. Discuss whether he or she is comfortable with the defendant returning home.
3. Prepare an affidavit stating that the alleged victim is willing to have the defendant return to the residence.
4. Present that affidavit to the court as part of a motion to modify bond conditions.

An affidavit from the alleged victim often goes a long way in persuading a judge to modify the bond condition.

However, every case is unique. Judges look at the details, how serious the accusations are, any criminal history, and overall safety concerns before deciding.

Why You Should Never Handle This Alone

Bond modification requests must be handled carefully. Direct contact with an alleged victim may violate existing bond conditions. That is why it is critical to work through an experienced criminal defense attorney who understands the process in Williamson County and Travis County courts.

An experienced criminal defense attorney can:

• Ensure no bond conditions are violated
• Properly draft and file the motion to modify bond
• Obtain and submit the appropriate affidavit
• Present your case effectively to the judge

If bond restrictions stop you from going home, you might have options. Taking action quickly and with a plan can really help.

If you or someone you know needs help changing bond conditions in Williamson or Travis County, reach out to our office today to talk about your case.

Bond Modification FAQs