An accusation of domestic violence that gets reported to authorities will usually result in an accused individual going to jail. Domestic violence charges are serious and have serious consequences such as loss of employment or prison time. Each state has its own statutes regarding domestic violence cases. Individuals charged with domestic violence need to understand how the laws in the state they get arrested in view their alleged actions. The following points provide a general overview of these complex cases.
Alleged Victims and the Filing of Charges
Some states allow victims to request that domestic violence charges get dropped. There are states that will honor victims' requests based on understanding that some abusers may attempt to afflict more harm to victims or pressure them to drop the charges. The state has the option to follow through with the charges despite a victim wanting to withdraw them. When this happens, the case becomes The State vs. The Defendant.
Misdemeanor vs. Felony Domestic Violence Charge
There are several factors that determine whether a domestic violence charge is considered a misdemeanor or felonious. This also may boil down to where the alleged crime is committed. Some states may view certain actions as misdemeanors, whereas the same actions could be deemed felonious in another state. The gravity of the crime might also be a determining factor.
Domestic Violence Bail Bond and Conditions
Some defendants get bail, which means that they have the option to bond out of jail while they await their court dates. However, judges can decide to deny bail. This means that defendants must return to jail and wait until their court date. Sometimes extenuating circumstances such as a significant threat to a victim's safety might prompt a judge to deny bond until a domestic violence case goes through the full judicial process.
When a bail amount is granted, judges usually have conditions that defendants must adhere to if they do not want their bond revoked. These conditions might include no contact with the victim including making telephone calls, no sending messages to victims, barring the defendant from a marital home, and not coming within a certain distance of a victim's personal space. Judges will usually allow defendants to retrieve their personal property with a police escort.
Posting Bond
Individuals who have the resources can opt to pay cash for domestic violence bail bonds or property bonds. If an individual lacks resources or chooses to not put them at risk, they can contact a bail bond company and make arrangements to bond out of jail.
What to do When Out of Jail on Bond
Individuals charged with domestic violence need to get legal representation. Defendants who do not get a bond can also get a lawyer. They can request a public defender if they lack the resources to pay for legal representation.
Share25 October 2021
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