In a typical domestic violence case, the bail is usually set around $50,000, which is relatively high. Bond companies usually want collateral and charge anywhere from seven to 10 percent for the premium. Everyone is entitled to bail, but if it is a weekend or a holiday, the person could sit in jail for several days until a bail commissioner is available, and they can request a ROR (release on recognizance).
If the bail commissioner lets the person out before the arraignment, 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 bail, they will arrest the person and will typically set the bail at $50,000. For weak cases with few 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 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 to prevent the situation from escalating. There have been cases 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 want to avoid; it is their goal to protect both parties, and if that means that they need to arrest someone 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, they will typically 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, that will 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 covering themselves and the children.
If that becomes the case and the defendant wants to pursue a divorce, they would need to obtain an attorney to gain some level of custody over the children. Alternatively, a level one protective order could be requested, 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 must be present. Additionally, the judge must tell that they are disallowed from going near their significant other. Suppose the influential other shows up at the arraignment and tells the prosecutor that they do not want a protective order, depending on how dangerous the other party is. In that case, the prosecutors will usually issue a level one protective order.