Understanding Bail after a Domestic Violence Arrest

Have you been accused of domestic abuse or arrested of domestic violence? Or maybe someone you care about is facing this? It’s a tough situation to go through especially if the accusations are baseless or if the police arrested the wrong person. 

It might feel scary as you’re uncertain how to handle the situation or what’s going to happen next. However, remember that one has legal rights after a domestic violence arrest – and this includes having the right to an attorney.

Hiring a qualified attorney helps a person understand the charges, build a strong defense against them, and assess their eligibility for bail. For more information about charges for domestic violence in California, go over this article by Law Offices Of Justin E. Sterling on California Domestic Violence Attorney.

How does Bail Bond Work?

Domestic violence takes many forms, which can be physical, emotional, sexual, and even economic. Like every state in the U.S., California treats every kind of domestic violence abuse and assault charge very seriously.

When a defendant gets arrested for domestic violence, the person is held in police custody until appearing before the court for bail.

After that, a defendant can be offered release with bail or on one’s recognizance.  If released on bail, a certain amount has to be paid before release. This bail bond payment is a way to ensure that the defendant will attend court hearings and follow the rules while the case is pending.

If the defendant is released on his recognizance, one has to attend all future court hearings in exchange for the release from custody.

A restraining order is also granted even before the defendant is found guilty. The person must follow the order conditions as violating this doesn’t only hurt the case but can also result in other legal consequences.

Almost anyone arrested for an act of domestic violence charges asks these two questions, “Will I get to bond after my arrest?” and “How can I get out of jail?”

While most defendants will get the opportunity to post bail, it’s not guaranteed in every case. There are exceptions as a bond is considered a privilege, and not a civil right.

Paying Bail after a Domestic Violence Offense

When a person is granted the chance to post a bail bond, money is paid to the court, or they could arrange to settle payment through a third-party bail bonds agency. Upon release, one needs to follow a list of court-ordered rules and other non-monetary special conditions.

Judges set final bail amounts that vary depending on the jurisdiction. This means that bail is also influenced by the policies of each county within the state.

Bail bonds aren’t standard as they are reliant on multiple factors, such as, but not limited to:

• Nature of the offense
• Local jurisdiction
• The severity of the offense
• Defendant’s criminal prior arrests
• Defendant’s circumstances
• Risk assessment

The court also takes into consideration the safety of the victim and the children, the victim’s family members, and any other person who may be in danger if the defendant is released.

Typically, bail for domestic violence misdemeanors ranges from $1,000 to $10,000. For extreme assault charges and severe incidents under felony domestic assault, bail bonds could reach up to more than $50,000. However, domestic violence that results in serious bodily injury or attempted murder may not be eligible for any bail bond.

Seek Legal Assistance Today

Domestic violence is complex as it comes with severe life-long consequences on your life and those around you. If you or someone you care about have been arrested and charged with domestic violence, reach out to an attorney or a law firm for consultation.

Get the legal answers and support you need by speaking to an experienced domestic violence attorney.