Also posted in criminal forum:

Defendant is charged with 3 felonies: 1) Burglary of Habitation with Intent to Commit Assault; 2) Sexual Assault; and 3) Assault FV Impeding Breath/Circulation. Defendant and Victim are spouses, but are separated and do no live together. Defendant was arrested and magistrated by a JP. Defendant appears in District Court approximately 20 days later and is given a court-appointed attorney. Defense attorney files an Application for Writ of Habeas Corpus Seeking Bail Reduction, and a hearing is held 1 day later. District Judge reduces bail amount and enumerates no-contact with Victim conditions; Defendant does not make bond. 90 days pass and Defendant is still in county jail. Defense attorney files another Application for Writ of Habeas Corpus Seeking Bail Reduction and District Judge give PR Bonds on all 3 cases. No-contact with Victim conditions are carried over and written on PR Bonds; Defendant is admonished of the same. In between the 2 bond hearings, a Protective Order is issued against Defendant with same no-contact conditions. 7 days after release from custody on PR Bonds, Victim makes report to law enforcement of Defendant contacting her via telephone and text message. Defendant was strictly admonished by District Judge (2 separate times) that this behavior would not be tolerated. State attempted to file a Motion to Revoke Bonds of Defendant, but Clerk said they cannot take filings on unindicted cases. District Judge heard some testimony (both parties present) and temporarily revoked 1 PR Bond and set at no bond until a hearing could be held (1 week later) - Judge also instructed District Clerk to issue a Capias to bring the Defendant back into custody. District Clerk says they have to means to issue a capias on a civil case (remember, cases are still unindicted). It has been suggested that the Motion to Revoke Bonds should have been filed with JP taking complaints (we do not have direct district filing in our county), but JP cannot revoke a bond set by the District Judge (or am I wrong)? Law enforcement is attempting to get a warrant on the Violation of Protective Order charge, but having a delay in doing so.

Basically, we are unable to find a way to get Defendant back into custody. My concerns are for the safety of the Victim and the community (this guy's done this before...twice!), and that it should be easier to prove violation of bond condition (preponderance) versus Violation of protective order (BRD).

I'm not sure my question is even clear, but I need guidance. This has happened before and I feel the State's hands are tied as to relief. I'm new to the this, so any help is greatly appreciated.

The problem is that the Clerk won't let you file because the case is not indicted. It doesn't fit in the usually cubby holes your clerk is used to seeing. But all bonds are subject to conditions --if there is a bond, it is subject to being revoked if you proceed properly. The idea that the judge has no power to revoke and that you have no remedy because the clerk, though probably well-meaning, is not sure how to take a filing is probably one that would not be acceptable to your district judge. Have you considered filing the motion papers directly with the district judge? Or getting your district judge to issue a written order to the clerk directing him/her to file the motion? Your clerk can figure this out if he/she tries...

And just because a criminal case is as yet unindicted does not make it a civil case.