Will I Be Granted Bail In A Los Angeles Domestic Violence Arrest?
Almost every time someone gets arrested for a domestic violence case in Los Angeles, there's going to be some bail. The standard bail in a standard domestic violence case is $50,000.
So, the person will have to post the entire amount or use a bail bondsman. In Los Angeles County, bail bondsmen charge about seven to 10 percent of the total bail amount. They can also request collateral to secure the $50,000 and ensure the person will appear in court.
Domestic violence situations that are less serious sometimes only have a bail of $20,000. Due to the political stigma and the ramifications that surround domestic violence cases, as well as the potential for the defendant to be a danger to the community, I very rarely see defendants released on their recognizance
Exact Charges for Domestic Violence in Los Angeles
The exact charges that you will face if you are arrested in a domestic violence situation will depend on what specifically you did.
If you hit your significant other, then you're usually going to be charged with a battery. If the injury that you cause is serious enough, then you could be charged with felony domestic violence.
If you threaten the person, then you're going to be charged with criminal threats. If you ripped the phone out of the wall because the other person said they were going to call the police or if you took their cell phone out of their hand, then you might be charged with vandalism or dissuading a witness, which is a very serious crime.
There are a whole slew of charges that can arise from domestic violence situations.
The police are not going to be the ones who charge you with a crime; all they're going to do is book you for something. It will be up to the prosecutors who deal with these cases to decide what you will be charged with and what your bail will be.
After they decide and you get charged, your criminal defense attorney will have to attack the case to get a not-guilty verdict or dismiss the case altogether. If there is strong evidence against you, then your criminal defense attorney will have to try to get a lesser charge, keep you out of jail, preserve your rights, preserve your reputation, preserve your freedom, and maintain your record.
Contacting Your My Children If Facing A Domestic Violence Charge
You should be able to remain in contact with your children if you are facing a domestic violence charge, as long as the domestic violence didn't involve the children. If the incident only involved your spouse, then it wouldn't be fair to include your children.
However, if you beat up your spouse, who has primary care of the children, then they could get a restraining order against you, which would prevent you from seeing your children. This is where you'll need your criminal defense attorney to help you untangle things.
If you're going to get a divorce, then your criminal defense attorney and divorce attorney need to work together so that you have visitation with your children. You're able to preserve your rights as it relates to your children. The more dangerous you are and the worse your behavior, the less likely it is that the judge will let you see your children.
Is A Restraining Order Imposed In A Los Angeles Domestic Violence Case?
When someone's arrested for a domestic violence charge in Los Angeles County, the victim is given the option to file a civil restraining order against that person. The police will provide them with the information on how to do that; whether or not the person does it is up to them.
If the charges are filed against the person, the criminal court will issue a protective order against the person accused of committing the violent act. That protective order can be a level one protective order, meaning they can still see their significant other. Still, they cannot be violent, threaten, or do anything illegal toward them.
If the other party doesn't show up to court, the court will automatically issue a full protective order, which means the victim will not be allowed to see their significant other at all while the case is pending. Often, attorneys will have the victim go to court so they can tell the prosecutor that they do not want a protective order.
Ultimately, some protective order will be filed, but the extent of that order will depend on many factors. This is where you want to huddle up with your criminal defense attorney so that you don't get the short end of the stick when it comes to your right to see your family.
If you or a family member has been charged with domestic violence, you need a skilled Los Angeles domestic violence attorney to protect your rights. As a former prosecutor, Mr. Hedding has the experience to defend you aggressively. Choosing an experienced and qualified criminal lawyer is a critical decision.
