Posting Bail for Domestic Violence Charges in California
Domestic violence is a serious problem for all countries, regardless of their level of development. Many centuries ago, fighting and using physical force were pretty normal situations, but, nowadays, laws prohibit such actions. However, this does not eliminate violence completely.
Often, the victims of violent behavior become family members of an aggressive individual. The one who should be the closest person starts being brutal and even make the victims to questing what they are doing wrong. Spouses, partners, and even parents can suddenly turn from a loving soul to an aggressor. Being accused of domestic violence is a quite serious charge, and more about that, you will read in this article.
How Domestic Violence Is Defined under the Laws of California
Californian laws clearly define domestic violence as a felony, which may result in imprisonment. Penal Code 243(e)(1) and Penal Code 273.5 regulate the major cases in this field. The main goal of the regulations is preventing violence in familial or intimate relationships.
If a criminal action is committed to the following persons, the law system defines this abuse as domestic:
- Officially registered spouse or fiancé;
- Joint living partner or former cohabitant;
- A partner in a romantic relationship, not living permanently in the same house with the abuser.
In California, people started to report domestic violence in July 1986. In 2018, 166,890 calls to the police department were officially made, regarding attacks with and without weapons. This is a great step for society to not remain silent.
Violence is considered a crime when an individual uses physical force causing an injury in another person. Threatening is also considered violent behavior. Criminal abuse can be as follows:
- Physical assault;
- Sexual assault;
- Threats to harm a person or other people;
- Destroying property.
An accusation of domestic violence is a serious charge and, usually, the help of a professional criminal lawyer is needed to avoid punishment and minimize reputational damage.
Even if the damage is slight, the act of violence is considered a crime and entails penalties from one to four years in jail (county jail or state prison). Moreover, a suspected arrested in California can experience the following consequences (one or several at the same time):
- Mandatory participation in anger management programs;
- Paying fines;
- Receiving a protective order;
- Loss of definite rights (for example, custody or gun);
- Immigration issues for non-residents and others.
In California, there is a mandatory arrest policy, which means that a police officer has to believe that abuse has taken place. A bail bond is the most common way to get out of jail while domestic violence cases are still being reviewed.
There are two ways:
- Paying the full bail amount;
- Using the services of a bail bondsman (paying a standard 10% fee for the posted bond).
A bail bonds company or bail commissioner charges a 10% fee of the bond amount and it is not refundable. If not using the service of a bail bondsman, the defendant will pay a fully refundable bail (refunded approximately within 30 days after disposition of the criminal case). The lawyer or defendant himself can ask for reducing the bail amount.
How Much Is a Bail Bond for Domestic Violence
Californian criminal law prescribes arrests for domestic violence since the victim could potentially sue the city or county for leaving the abuse scene. Most cases never end up in criminal courts and abuse is usually filed as a misdemeanor, meaning the bail bond for domestic violence is about $500.
A bail bond for child abuse can be up to $5,000. The bail amount for felony abuse (which has caused corporal injury) is $50,000. There can be an additional $50,000 bail for great bodily injuries. If the defendant violates the protective order, a bail bond can be between $10,000 and $40,000.
What Happens If Release Conditions Are Violated
Violating conditions of release can end up with an arrest warrant or revocation of pretrial release. A court member or a prosecutor can ask for the revocation. The judge determines sanctions for the violation, which may include home arrest until the court date, electronic monitoring, additional fees, or others.
Not appearing for court hearing may result in punishment, depending on the charge. If the original charge is for domestic violence filed as a misdemeanor, fines up to $1,000 may be set as well as up to 12 months in county jail. If the original charge includes felony offenses, penalties can rise to three years in the state prison and a maximum $5,000 fine.
Where Can I Find the Right Bail Agent to Get out of Jail for Domestic Violence?
Call our bail bondsman 24/7: +1 213-863-9788 to be released from jail easily and quickly. We have extensive experience in cases related to domestic violence arrests. It is important to choose the bail bond company that works non-stop so that you do not have to stay in jail until the next business morning. We will take care of paperwork and cash. In our team, you can also find the best criminal defense attorney to avoid negative consequences.