Regardless of the circumstances, being accused of a domestic violence (DV) offense is a serious matter you should not take lightly. Whether it involves a former spouse, an ex-partner, a current cohabitant, or even a family member, domestic violence accusations could arise from various situations.
If you are under arrest for a DV-related offense, you should work on securing pretrial freedom within the shortest time possible. Securing your freedom on bail allows you to collaborate with your attorney and communicate with eyewitnesses to prepare an effective defense against the charges.
Since these offenses are common, the court will likely have a predetermined bail amount for your offense, which could be extremely high. However, you do not have to fret if you have a reliable bail bondsman in your corner.
Criteria for Determining Bail For Domestic Abuse
Also known as domestic abuse, domestic violence is a broad term referring to various crimes committed against a domestic cohabitant, spouse, girlfriend, boyfriend, or the parent or grandparent of a mutual child.
According to the Penal Code (PC) 13700, you abuse someone when you recklessly or intentionally cause or attempt to cause a physical injury or place him/her in reasonable fear for his/her safety or that of his/her immediate family. Below are examples of acts that could qualify as “abuse” under this statute:
- Sexual abuse
- Psychological abuse
- Coercion
- Financial abuse
- Isolation
- Destruction of property
- Verbal abuse
- Harassment
After being arrested as a suspect in a DV-related offense, it could feel like the whole world is against you, but you have options.
By securing a release from jail on bail, you can move on with your life as your case continues. Bail is the amount of money the court requires an arrestee to deposit following an arrest to act as security for his/her pretrial release, pending the court’s verdict on his/her case.
Due to the prevalence of DV-related offenses, the alleged offense will likely have a predetermined bail amount listed on the bail schedule. A bail schedule is a document that lists or outlines predetermined bail amounts for common misdemeanor and felony offenses.
If you were arrested without a warrant, the police will refer to the bail schedule to determine how much you should pay to secure your release before your first court appearance. However, if the alleged DV-related crime has no predecided bail amount, you will wait for your first court proceeding, where a judge will determine your eligibility for bail and the amount you should pay.
When determining your bail for domestic abuse allegations, he/she will consider the following factors:
- The Seriousness of the Allegations
One of the factors the judge will evaluate when determining your domestic violence charges bail is the seriousness of the case. Doing that is important because public and community safety is a priority before allowing any defendant to secure his/her freedom on bail.
If the alleged offense involves violence or use of a weapon, the judge could set a high bail amount for the alleged DV-related offense or deny bail altogether. When the court denies a pretrial release from jail on bail, he/she consider you a serious threat to the safety of the victim and the public.
- Your Criminal Record
When determining your eligibility for bail and the amount you should pay for your offense, the judge will consider your criminal standing to decide whether or not you are a threat to the public and the likelihood of reoffending. When you have an extensive criminal background, the judge will set a high bail amount for the alleged DV-related offense.
- Your Financial Capability
The court will often consider your financial capability when determining the amount of bail you should pay for your offense. If your attorney can help show the court you are indigent, the judge will likely set a minimum bail amount for your offense.
However, when the judge finds that you own significant assets, he/she will set a high bail amount and strict conditions for your release because there is a high chance that you can flee once you receive your freedom.
- Whether You are a Flight Risk
When the judge perceives that you can flee the state or country after securing your freedom, he/she could set a high bail price for your offense to discourage you from fleeing. That is particularly true when you are a non-citizen, meaning you can board a plane to your country of origin to avoid prosecution.
While you have a constitutional right to pay bail following an arrest, the court must also consider whether you will avail yourself to challenge the alleged offense. Providing evidence to show your connection or ties to the community or family can help convince the court you are not a flight risk, even if you are an alien.
- Whether You Have a Record of Skipping Bail
A history of skipping bail or failing to make court appearances after securing your freedom on bail creates a legal obstacle that could make the judge deny you bail or set a high bail amount for your offense.
These factors will significantly influence your eligibility for bail for domestic abuse. To stand a chance of securing bail for the alleged domestic violence offense following an arrest, you should work with an experienced attorney who understands how local prosecutors and judges handle these types of cases.
The attorney you will choose can also convince the court to lower your bail for domestic violence charges if you are eligible for this pretrial release option.
With the help of an aggressive attorney, you could also secure an own recognizance (O.R.) release, allowing you to secure your pretrial freedom without bail. That means you do not have to pay any money or surrender any property as collateral to secure your freedom following an arrest for an alleged DV-related offense.
What You Need to Know About Domestic Violence Bail Bonds
While you can post your bail using cash or valuable property, securing bail bonds through a bail bondsman is an option worth considering, especially when you are not ready to put your money on the line for your freedom. A bail bondsman is a third party in your case who provides bail bond services, allowing you to secure your pretrial freedom at an affordable fee.
Generally, the bail bondsman will sign an agreement with the court, promising to pay a certain percentage of your domestic violence charges bail when you refuse to return to court after securing your freedom. In exchange for the quick domestic violence bail bonds you need during these challenging moments after an arrest, the bail bondsman will charge ten percent of your bail as a service fee.
While it is not mandatory, your bail bondsman could also require collateral before posting your unique domestic violence charges bail. Examples of collateral a bail bondsman will accept include the following:
- A real estate
- Vehicles
- Boats
- Land
- Valuable jewelry
What the Bail Bondsman Will Consider Before Posting Your Domestic Violence Charges Bail
While bail bondsmen are helpful when you are under arrest and cannot afford bail, not every arrestee qualifies for their services. When you contact a bail bondsman, he/she will consider the following factors when determining whether to post your domestic violence charges bail:
Your Offense’s Seriousness and Sophistication
As mentioned above, the judge will set a high bail amount for serious DV-related charges. That means the bail amount the bail bondsman will have on the line for your pretrial freedom is high. Also, being charged with a serious domestic violence crime that could attract grave penalties after conviction could make some defendants skip bail to avoid prosecution.
Hence, if the alleged DV-related offense is serious, the bail bondsman will be more cautious before agreeing to offer you bail bond services.
Whether You are a Flight Risk
To determine whether you are a flight risk, the bail bondsman will consider various factors, including whether you :
- Are non-citizen
- Have a history of skipping bail
- Have community and family ties
The bail bondsman could hesitate to put his/her money on the line for your freedom if you are a flight risk.
Whether You Have a Cosigner
A cosigner for your domestic violence bail bonds could be your friend, relative, colleague, or anyone you trust. Having a cosigner with a strong credit history and assets to turn over as collateral for your pretrial release could encourage the bail bondsman to post your bail following an arrest as an offender in a domestic violence case.
When a cosigner is involved in your bail bond process, he/she will be responsible for ensuring your adherence to the terms of your release on bail, particularly your appearances on the scheduled court dates.
Advantages of Securing Bail Bonds for Domestic Violence Charges
Domestic violence charges bail is generally high, making it challenging to pay the money upfront, but that does not mean you should stay in custody while awaiting the outcome of the alleged offense. Securing domestic violence bail bonds following an arrest as a suspect in a DV-related offense is advantageous in many ways.
Below are some of the benefits of working with a reliable bail bondsman to secure domestic violence bail bonds following arrest:
- It Saves You Money
Unlike bail, which you must pay upfront and in full, the bail bondsman will only charge you ten percent of the total bail as his/her fee for the quick bail bond services. Also, the bail bondsman could allow you to pay the fee in installments using your preferred mode of payment. For example, you pay the premium using:
- Cash
- Banker’s check
- Bitcoin
- Paypal
- Western Union
- It Saves You Time
Since you must pay the cash bail in full, it could take some time to acquire, making you remain in jail for an extended period after an arrest for an alleged DV-related offense. However, when you work with a bail bondsman, you can secure your freedom within the shortest time possible once you pay his/her affordable fee.
- You Will Receive Legal Advice
While a bail bondsman does not have legal qualifications, their job roles expose them to legal matters and knowledge, which could help you make an informed decision on the alleged DV-related offense to secure the best possible outcome.
Bail Amounts for Common DV-Related Offenses
The bail for domestic abuse will vary depending on the facts of your unique case. Below are bail amounts for common DV-related offenses:
Domestic Battery
According to PC 243(e)(1), you commit domestic battery when you use force or violence against a current or former cohabitant, dating partner, fiancée, fiancé, or your child’s co-parent. A misdemeanor domestic battery charge will carry a bail amount of $10,000 in Orange County. However, if your arrest occurred in a different county, this bail amount could vary.
Corporal injury to a Spouse or Cohabitant
Also known as spousal battery or domestic abuse, corporal injury on a spouse is a crime under PC 273.5. According to this statute, it is unlawful to cause physical injury to your cohabitant, dating partner, spouse, or child’s co-parent.
After an arrest for an alleged spousal battery offense in Orange County, the judge will expect you to pay bail of $50,000 to secure your release. However, this amount could vary if your arrest occurred in a different county.
Stalking
PC 646.9 defines stalking as following, threatening, or harassing another person to the point that he/she fears for his/her safety. Depending on the facts of your unique case and criminal background, the prosecutor could file your stalking charges as either a felony or a misdemeanor.
A felony stalking charge in Orange County could attract a bail ranging from $100,000 to $150,000. However, if your offense is a misdemeanor, you will likely pay bail ranging from $20,000 to $80,000. Your offense’s bail amount could vary if your arrest occurred in a different county.
Find a Bail Bondsman Near Me
As you can see above, the bail for domestic abuse charges can be significant, especially if the alleged offense is a felony. However, the good news is that you can work with a bail bondsman to secure your pretrial freedom on bond if you cannot afford your case’s predetermined or court-set bail amount.
If you are arrested or charged as a suspect in a DV-related offense, our bail bondsmen at Balboa Bail Bonds can offer you speedy bail bond services to secure your freedom as your case progresses through various stages of the prosecution process. We invite you to call us at 619-760-2222 if you or a friend needs quick domestic violence bail bonds.
Tags: Bail Bonds for Domestic Violence Charges: Key Considerations