BENNINGTON, Vt. (AP) – A man charged with aggravated domestic assault who allegedly violated the terms of his release was allowed to go free without having his bail increased, prompting the county prosecutor to call the judge a “renegade.”

State’s Attorney Erica Marthage used the label “renegade judge” to describe Vermont District Court Judge Katherine Hayes after Hayes declined to deny bail or increase the $50,000 bail that had been set earlier for Jonathan Hoffman, 39, of Bennington.

Court documents allege that Hoffman twice glared and mouthed obscenities at the victim as he met her in front of the Manchester police station to exchange children for visitation.

Bennington County State’s Attorney Erica Marthage and Deputy State’s Attorney Christina Rainville asked Hayes to deny Hoffman bail based on the alleged violations of his conditions of release.

Rainville told Hayes the judge had earlier “made very clear that if he even had a technical violation he would be put in prison.”

Defense lawyer David F. Silver said he did not believe that there had been any violation; he argued that the alleged victim was trying to block Hoffman from spending the holidays with the children.

“This is a woman who has an agenda, and this is her last chance to jam him up before Christmas,” Silver said. “The idea, that in a blizzard, she could see him mouthing words or staring brings her credibility into question again.”

Hayes turned down the state’s request that she deny bail, but toughened Hoffman’s conditions of release. She put him under a 24-hour curfew, barring him from leaving home except to go to work or to Alcoholics Anonymous meetings.

After the hearing, Marthage called Hayes a “renegade judge,” saying Hayes has the lowest rate among Vermont’s judges for holding domestic violence suspects without bail.

“She has clearly dug her heels in on this case,” Marthage said. “The fact that she feels differently about domestic violence than my office is quite apparent. We will continue to request hold-withouts whether she issues them or not.”