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To Choose Otherwise

Summary:

Draco Malfoy has spent five years contained.

When the Wizengamot finally rules on his case, he expects extension, not mercy. Instead, he is bound—magically and legally—to Harry Potter as part of a conditional clemency bond.

Harry believes Draco deserves the chance to choose differently.
Draco believes he deserves nothing at all.

Unfortunately, the bond doesn’t care what either of them believes. And proximity has never been safe between them.

Chapter 1

Notes:

(See the end of the chapter for notes.)

Chapter Text

16 June 2003

“Draco Lucius Malfoy. Conspiracy to commit murder. Aiding and abetting a terrorist regime. Use of Unforgivable Curses. Participation in unlawful imprisonment. Complicity in torture.”

The list went on. 

Draco stood very still while Minister Shacklebolt neatly laid out every charge before the Wizengamot. He kept his gaze on the wood grain of the dais as the drone of the court proceedings went on.

He had heard it before. Not these exact words. The phrasing changed depending on which solicitor wanted to sound particularly outraged, but the substance was the same. The war was reduced to bullet points. His life translated into tidy legal language. 

Conspiracy. Complicity. Participation.

As if fear were participation. As if Draco’s half-formed teenage plans at assassination were more than a desperate attempt at ensuring his family’s survival. His survival. The mere inhale and exhale of his breath into the open air. The sum of him, reduced to an itemized list. 

Five years had passed since the war. Five years of standing exactly like this— hands folded, shoulders hunched forward, expression blank, and eyes trained on his wrists. While men and women in gold-trimmed robes debated whether he had been a monster or a powerless agent of his father’s agenda. 

He had stopped caring which version of him they chose to believe.

His shirt collar itched against his neck. Ministry-issued, tailored once to measurements taken five years ago—after that month in Azkaban, before the transfer to Carrowmere Detention Hall, a low security detention facility. After they had decided he wasn’t a sufficient threat to be handled immediately, following the war. 

He had lost weight in the first year in custody. It was hard to maintain an appetite when every day was identical to the one before. His hair was unkempt and unfashionably long. Dull strands of dirty dishwater blonde hung limply, obscuring his vision slightly. His mother would surely disapprove. 

Minister Shacklebolt’s voice carried evenly across the chamber. Draco appreciated that, at least. There was no relish in it. No theatrical disgust. Just the record.

Lucius Malfoy’s name had been spoken in this room many times over the years.

It was not spoken today.

That, more than anything, made this feel final.

His father had died three winters ago in Azkaban. The deterioration of his health was exacerbated by prolonged exposure to dementors. Draco had not been permitted to attend the burial. There had been no burial.

His mother had held his face through the glass partition during visitation and said, very quietly, “You will live.”

He had not known whether she meant it as a blessing or a command.

Narcissa had testified at earlier hearings. Her calm, impeccable demeanor was his grounding light and one of his first solaces. Ruthless in her composure as she reminded the Wizengamot, repeatedly, that her son had been sixteen. 

She was not here today.

France, her last letter had said. Or perhaps Italy now. Somewhere with the sun. Somewhere without courtrooms. 

He did not begrudge her that.

He did not allow himself to look toward the gallery. There would be no familiar faces there. Just observers. Reporters. Wizards and witches who wanted to see how the story ended. 

Draco adjusted his stance imperceptibly, redistributing his weight to compensate for the lingering stiffness in his left knee. A souvenir from the Manor, from a night he preferred not to examine too closely.

Silence lingered too long. 

Draco had come to recognize the rhythm of these hearings. There was always a pause after the charges were recited, a brief shuffle of parchment, and then some variation of procedural inevitability. Further review. Additional deliberation. A new date set months ahead.

He had learned not to brace for endings.

Minister Shacklebolt did not call for recess. 

Instead, he folded his hands before him and said evenly, “Before the Wizengamot renders its final determination, we will hear one last witness.”

Draco’s head snapped up.

The movement was slight, but after years of careful stillness, it felt violent.

One last witness?

There had been no new witnesses in years. Everything had already been archived, cross-examined, and sealed. The story of Draco Malfoy had long been told to exhaustion. 

The air shifted. Not dramatically, but enough to be felt. The faint, collective adjustment of posture in the gallery. The subtle tightening of attention. The way a room leans in without meaning to. The heavy oaken doors at the back of the chamber creaked open.

Draco did not turn immediately.

He knew.

Five years had done little to dull that awareness— the sensation of gravity bending toward one person.

He turned.

Harry Potter stepped into the chamber.

He looked older.

That was Draco’s first thought, unbidden and unwelcome. Older, and not in the way the Prophet portraits attempted to frame him. There was no polish to him. No ceremonial glow. His shoulders were broader, yes, but he held them like a man accustomed to carrying things that did not belong to him. His jet-black hair was still a shocking pile of unruly locks. It curled defiantly over his ears and brushed the edge of his robe collar. Apparently, some battles remained unwon.

He wore dark, simple, unadorned robes. No Auror insignia. No Ministry pin.

He did not look triumphant. There was no trace of the victorious Golden Boy of Draco’s imagination. The hero of the Wizarding World.

He looked tired.

Draco found that infinitely more unsettling.

Potter did not look at him as he approached the stand. He addressed the Wizengamot directly, swore the oath without flourish, and folded his hands loosely before him.

His voice, when he began, was steady.

“I was present at Malfoy Manor on the night in question.”

The words were clean. Controlled.

Draco’s jaw tightened.

“I was captured and brought before several Death Eaters. Mr. Malfoy was asked to identify me.”

A pause.

“He did not.”

There was no emphasis in it. No emotion, no gratitude or accusation. Just a simple fact.

Draco stared at the polished wood of the dais. His mind whirled. He had to make a conscious effort to keep his eyes on the grain of the wood, rather than the man speaking atop it. He had prepared himself, over the years, for condemnation. For measured disappointment. For carefully worded reminders of harm.

He had not prepared for this. Why was he here?

“In the Room of Requirement,” Potter continued, “Mr. Malfoy had his wand trained on me. He had multiple opportunities to act lethally.”

Another pause.

“He did not.”

The gallery murmured faintly before being silenced.

Draco’s hands tightened around each other, faint indents of fingernails into thin skin. 

This was not a defense, not quite. Potter was not painting him as a noble, unsung hero or absolving him of all guilt. He was presenting him as a man who had simply hesitated. Pity points for not following through.

“In my judgement,” Potter said, and this time there was the slightest shift in his voice, something in the weight of it, “imprisonment will not prevent Mr. Malfoy from becoming dangerous again. It will ensure he never has the opportunity to choose otherwise.”

Choose.

The word struck harder than any charge recited earlier. 

Five years of regulated meals. Supervised recreation. Scheduled brewing privileges were granted for good behavior, like a schoolboy awarded house points. Five years of being assessed, catalogued, and contained.

Choice had not been part of his life for a very long time.

Draco felt something hot and unfamiliar rise in his throat.

Anger, he told himself. Indignation.

How dare Potter stand there and speak as though he knew anything of what those years of imprisonment had been? How dare he deem him worthy of agency as if it were a kindness? And yet.

And yet, beneath the anger, something worse coiled.

Relief.

Potter thought he was capable of more. Of what, exactly? Redemption? Reinvention? As if it were that simple..

He hadn’t realized how starved he was to hear it. That he wasn’t only what he’d done. That he might still choose.

Twin pinpricks of heat started behind his eyes. Draco blinked furiously. He took one deep, steadying breath, his eyes finally lifting away from the grain of the wood against his will.

His breath caught in his throat. Potter was looking at him.

It was brief. Measured.

There was still no triumph in those green eyes. No soft pity. No sanctimony. Only a silent assessment. 

Draco looked away first. He would not allow himself to be studied like a specimen.

Minister Shacklebolt inclined his head. “Thank you, Mr. Potter.”

The chamber settled again, but the energy had changed. The proceedings no longer felt procedural. This was no longer just another entry in a ledger that would be revisited in six months. This felt decisive.

Draco had survived half a decade of waiting.

He had not prepared for an ending that hinged on Harry Potter.

And that, more than any charge, unnerved him.

The Wizengamot conferred in low, contained murmurs. Potter was beckoned off the witness stand but remained in the courtroom, a silent statue in a corner. 

Draco’s breathing had changed.

He noticed it because he had spent the last few years learning to monitor himself. Keeping his pulse steady, posture neutral, his expression perfectly controlled. It was a survival mechanism in custody. Do not give anyone evidence of agitation or the satisfaction of seeing him squirm.

But now, his breaths came slightly shallower. Not enough to draw attention, but enough for him to feel the difference. A faint tightness around his chest, as though something inside him had braced for impact without his permission.

He kept his hands clasped in front of him on the stand. His fingers had gone numb with cold.

Countless hearings that ended in delay. An endless stream of being told his case must be reassessed. He should have been expecting another extension. Another six months. Another evaluation.

Instead, Shacklebolt rose.

The room stilled immediately.

“Draco Malfoy,” the Minister began, deep baritone perfectly calm, “after careful review of testimony and evidence presented over the past five years, the Wizengamot has reached a final determination.”

Draco felt his jaw lock as he clenched his fists.

“You are hereby sentenced to a term of conditional clemency under Ministry supervision.”

A flicker, not hope, not yet, but something like recalibration.

Conditional. He could work with conditional.

“You will not return to Carrowmere.”

The tightness in his chest fractured. Something inside him, coiled and waiting, loosened abruptly, and the sudden absence of tension left him light-headed. He had not allowed himself to consider the possibility of finally being allowed to leave.

“You will instead be placed under a Magical Conditional Clemency Bond for the duration of one calendar year.”

The relief curdled.

Draco’s mercurial eyes suddenly sharpened in alarm.

“You will be assigned a Ministry-approved magical guarantor. Your freedom of movement will be restricted to a regulated proximity radius from said guarantor. Violation of this radius will result in escalating magical consequences.”

One year tethered. His shoulders squared. He could endure a year. He had endured five. 

Shacklebolt continued, “Your assigned guarantor will be Mr. Harry Potter, who has agreed to assume shared magical liability for your compliance.”

The air left Draco’s lungs. A sharp, involuntary inhale left his lips before he could prevent it. He looked up.

Harry did not look at him.

He stood still, posture relaxed if a little awkward, as though he was merely accepting some sort of bureaucratic inconvenience.

Shared liability… Draco’s mind snagged on it. If he violated the bond, Potter would feel it. Potter would suffer for it. The humiliation of custody had been one thing. This was something else entirely. 

A Ministry official approached the dais, her wand already drawn. “Step forward,” she instructed.

Draco obeyed automatically.

Harry crossed the chamber and moved to stand opposite him. They faced one another across a narrow stretch of polished stone.

Too close.

Draco became acutely aware of details he did not want to register. The faint shadow along Potter’s jaw. The way exhaustion had settled into the corners of his mouth. The steady rise and fall of his chest. 

He could feel his own heartbeat now. It had abandoned its practiced rhythm.

The incantation did not sound like anything Draco recognized.

It was low and measured; it sounded like a droll recitation of an administration policy rather than any sort of spell. Clearly, this witch had no flair for dramatics. Draco would have preferred a spectacle.

The air between him and Potter thickened gradually, like humidity gathering before a storm. Draco felt it first against his skin, a faint pressure at the surface, as though the space itself were leaning closer. Drawing them together. He tried to hold himself still.

The light came without warning. A gentle, concentrated flare that seemed to ignite somewhere between them and then drive inward. Draco did not see the moment it struck him; he felt it. 

Draco felt a warm presence enter his body. A sharp foreign thread slid beneath his sternum and anchored there with an almost surgical precision. For one disorienting second, he had the visceral impression that his ribs had parted to allow it passage. The sensation was not pain in the way a curse inflicted pain. It was deeper than that. A rearrangement. A claim.

His breath faltered. 

He did not gasp. He refused to.

But his lungs forgot their rhythm and pulled air in shallowly, unevenly, as though recalibrating around the intrusion. 

The magic did not remain in his chest. It spread.

Down his spine in a slow, invasive warmth that made the fine muscles along his back tense. Into his arms. Into his palms. Into the marrow of his bones. It threaded through him with deliberate thoroughness, as though mapping the boundaries of his flesh before settling.

And then—

It pulled.

A sudden, brutal tug at the center of his chest, directional and specific.

Toward Potter.

Across from him, Potter’s composure fractured for half a heartbeat; a small tightening around the eyes, the faintest shift of weight. He felt it too.

Draco could feel him.

Not his thoughts or anything as intimate as emotion. But a presence, yes. A steady pulse somewhere just beyond his own skin, like standing close enough to another body that the heat began to seep into your own.

The official announced that the bond had been established, but the words came muffled through the rush in Draco’s ears.

He became acutely aware of the inside of his body. Of his pulse, no longer disciplined but heavier now, each beat striking against the thread that had embedded itself beneath his ribs. He felt as though something delicate and necessary had been hooked and tied off without his consent. 

He took a step back because he needed to know.

The pressure followed.

It gathered, a tightening at the center of his chest that deepened with each inch of distance, like a muscle being drawn too far beyond its natural range. His breathing shortened involuntarily, the air scraping at the back of his throat.

Two steps.

The warmth sharpened to a heat. The thread pulled harder now, no longer exploratory but corrective. 

Three.

The heat flared into pain.

It was not blinding. It did not drop him to his knees. It did not need to. It radiated outward from that anchored point beneath his sternum in a bright, concentrated bloom that made his vision flicker at the edges.

His body understood the message before his mind did.

Stop.

He stopped.

The pain receded slowly, like a reprimand withdrawing but not forgotten. It left behind a residual throb, a reminder that something within him now responded to Potter’s proximity like a compass needle locked to the north.

He swallowed, though his mouth had gone dry. 

Five meters, he calculated distantly. The Ministry would have standardized it. Close enough for oversight, for inconvenience. Close enough that he would feel Potter’s presence in every room.

Contained again.

Only this time, the walls were not stone and warded glass. They were human. The knowledge settled somewhere in his stomach, and he began to feel queasy.

He had spent so long being monitored. Now he would be felt. The distinction distressed him more than he cared to examine.

Observation was impersonal. A gaze could be endured. It could be ignored. Draco had learned how to perform for it— how to sit straighter, keep his expression flatter, how to reduce himself into something manageable and uninteresting.

Not that it had stopped the Dark Lord.

Draco shuddered in revulsion. There was no angle at which he could stand that would make the thread vanish. No expression he could school onto his face that would blunt its presence. The magic did not watch him; it occupied him.

He could feel it, faint but constant, like the awareness of a bruise you had not yet pressed but knew would hurt when you did. And beyond that was Potter’s existence hovering at the edge of him. A second pulse, not synchronized but near enough to notice. He did not like that proximity.

He did not like that the Ministry had chosen him.

Potter had not been required to agree. And oh, isn’t that a rich thought. It made Draco’s lips twitch upward in the ghost of a sneer.

Potter could have refused. The Wizengamot would have found another guarantor. Some eager young Auror anxious for some oversight. Or a Ministry bureaucrat hungry for proximity to notoriety. It did not have to be this.

But, of course, Potter had volunteered. 

Draco’s shoulders began to tremble. That knowledge sharpened his humiliation. This was not just a punishment for him. It was a choice, yet another decision made for him beyond his control, made for him by the Ministry, by Potter. 

Now, they would strip him of the one dignity he was allowed in his isolation. He would be forced to wake within five meters of the man who had dismantled his childhood illusions of grandiosity and friendship. He would move through the rooms aware of a tether that did not care for pride or history. If he faltered, Potter would feel it. If he tested the boundary, Potter would pay the price.

A flare of anger sparked — hot, reactive, familiar.

He did not want to be an extension of Potter’s mercy.

He did not want to be the hero’s rehabilitation project.

He especially did not want to owe him.

And yet, beneath the anger, something far more treacherous stirred. 

Potter had stood there, steady and unsentimental, and argued for his capacity to choose. Not for his innocence. His agency.

Draco had not realized how starved he was for that recognition until it was spoken aloud. 

The thread pulsed faintly again, as if in reminder.

One year.

One year of enforced proximity. Of being unable to escape him.

Draco lifted his chin, breathing finally settling into something that resembled control. He could survive this. He had survived Potter once before. 

Once the ministry official confirmed proper placement of the bond, she began explaining the logistics and reporting requirements.

At least, Draco assumed that’s what she was chattering on about. He distantly observed the proceedings, his mind floating a thousand miles away. Vaguely, he registered Potter’s voice asking questions that Draco is sure are very practical and responsible for him to ask.

Around him, the whispered murmurs of the Wizengamot continued. Draco could feel several pairs of eyes staring openly at him now. It was by sheer force of will that he managed to keep the rising flush from coloring his face. 

Shared liability.

The phrase still echoed unpleasantly.

Potter was asking about reporting intervals. About review hearings. About whether the radius could be extended early for demonstrated compliance. His tone was calm. Measured. Not warm, not by a long shot, but deliberate.

As though this were a contract he intended to understand fully.

Draco did not look at him.

If he looked, he might see something intolerable. Satisfaction. Obligation. Worse — concern.

The official concluded with a crisp, “You will receive formal documentation within the hour. Temporary escort charms are no longer required.”

Draco had not realized until that moment that the thin thread of warding magic that had trailed him for the past half-decade had vanished. In its place was the intimate pressure of the bond.

He shifted his weight.

The bond pulsed faintly in response.

The Wizengamot began to rise. Benches scraped softly against stone. Robes rustled. Conversation resumed at a carefully moderated volume that pretended discretion and achieved nothing of the sort.

They were still staring at him.

Bound to the savior of the wizarding world like some rehabilitated exhibit.

Draco inhaled slowly through his nose, steadying the faint heat rising beneath his collar. He would not give them a spectacle. He had survived far worse than a room full of gossiping, twittering public officials.

The chamber doors opened, and people began to file out. He moved automatically. Practice had taught him how to exit a room cleanly and efficiently. How to not linger and invite commentary.

He stepped forward, intending to exit before Potter could initiate any insufferable attempt at civility.

He felt the shift before he registered the distance.

The thread beneath his sternum snapped taut with violent clarity, and the heat bloomed outward in a sudden, punishing flare. It stole the air from his lungs so abruptly that the world tilted at the edges. His foot faltered against the stone, the stumble small but unmistakable.

A ripple of silence spread outward.

Draco stopped just outside the threshold, panting harshly, the pain preventing his body from permitting another step. The pain did not escalate further, simply held, insistent and bright, until—

Until Potter closed the distance.

Potter took a quick, simple step forward, reducing the space between them. The pain receded almost immediately, the relief flooding Draco’s limbs, and the beginnings of resentment began to curl in his gut.

Draco straightened slowly, jaw tight, lungs adjusting to the sudden ease of his breath.

“Five meters,” Potter said quietly beside him. How informational.

Draco kept his gaze forward. “I noticed.”

His voice was thinner than he intended. He despised that.

For a fraction of a second, he was acutely aware of the proximity. The shared heat of Potter’s body at his side, the steady rhythm of his breathing, the faint scent of something clean and unremarkable. The bond hummed faintly, pleased with the correction.

They began walking again. 

The summer air outside the Ministry was warmer than he expected. Brighter. The noise of Diagon Alley drifted over faintly in the distance, life continuing with irritating normalcy.

They stood for a moment on the Ministry steps, bound by something no one else could see and everyone would eventually know,

Draco finally looked at him properly.

It felt like a lifetime had passed since their last encounter. Lines had settled into the corners of Potter’s mouth. His eyes, which had seemed preternaturally bright in his memory, now appeared shuttered and dimmed. There was something quieter in him now. Less fire. More weight.

This was not the boy he had grown up despising.

This was a man who had agreed to tether his magic to Draco’s for the following year.

Draco exhaled slowly.

For the first time in many years, he would not be alone. The thought did not comfort him.

Notes:

update schedule depends on the worms living in my brain, apologies in advance