In a typical domestic violence case, the bail is usually set around $50,000, which is quite high. The bond companies usually want some sort of collateral and are going to charge anywhere from seven to 10 percent for the premium.
Everyone is entitled to a bail, but if it is a weekend or a holiday, the person could sit in jail for several days until there is a bail commissioner available and until they can request a ROR (release on recognizance).
If the bail commissioner lets the person out before the arraignment, then they would not have to pay anything as long as they promise to appear in court. If someone waits until they get to court and their attorney argues for a bail, they are going to arrest the person and will typically set the bail at $50,000.
For weak cases in which there were not very many injuries and it is difficult to determine which person was the aggressor, the bail might be set at $20,000. In many cases, the police seem to realize that people are emotional, perhaps drunk, and involved in a volatile situation.
As a solution, the police will take one of the individuals away in order to prevent the situation from escalating. There have been cases all over San Fernando Valley in which the police, prosecutors, or judges could have prevented one spouse from ultimately killing the other by simply taking one spouse into custody before things escalated to that point.
This is what the police really want to prevent; it is their goal to protect both parties, and if that means that they need to arrest someone in order to keep two people separated, then that’s what they’ll do.
Can I Contact With My Kids When Facing A Domestic Violence Charge?
If someone has a domestic violence charge in San Fernando or Van Nuys, they will typically be allowed to see their children. The issue revolves around the facilitation of those visits. In other words, if a defendant’s significant other has custody of the kids and there is a protective order against them, then that is going to make it difficult for the defendant to see their kids.
Under such circumstances, a third party may need to be utilized. However, involving third parties can become dangerous, because the other person could lie or seek a protective or restraining order that covers themselves and the children.
If that becomes the case and the defendant wants to pursue a divorce, then they would need to obtain an attorney in order to gain some level of custody over the children. Alternatively, a level one protective order could be requested, which is a peaceful protective order that allows a person to see their spouse and children while the case is pending.
Restraining and Protective Orders In A Domestic Violence Case
Once the prosecutor files a domestic violence charge and the person makes their first court appearance, the judge and prosecutor will put a protective order in place. When a person is being charged with a misdemeanor, any attorney could technically appear for them, but our clients must appear.
This is because a protective order will be issued and the receiver of that order must be present. Additionally, that person must be told by the judge that they are disallowed from going near their significant other.
If the significant other shows up at the arraignment and tells the prosecutor that they do not want a protective order, and depending on how dangerous the other party is, the prosecutors will usually issue a level one protective order.
For more information on Bail In A Domestic Violence Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.