Will I Be Granted Bail In A Domestic Violence Arrest?
Almost every time someone gets arrested for a domestic violence case in LA, there’s going to be some sort of bail. The standard bail in a standard domestic violence case is $50,000. So, the person’s going to have to post the entire amount or use a bail bondsman. In LA County, bail bondsmen charge about seven to 10 percent of the total bail amount. They can also request collateral in order to secure the $50,000 and further ensure that 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 own recognizance
What Exact Charges Will I Face If I Am Arrested In a Domestic Violence Situation?
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’s going to be up to the prosecutors who deal with these cases all the time to make the judgment call on what you’re going to be charged with and what your bail will be. After they make a decision and you get charged, your criminal defense attorney will have to attack the case in an attempt to get a not guilty verdict or to have the case dismissed altogether. If there is strong evidence against you, then your criminal defense attorney is going to have to try to get a lesser charge, keep you out of jail, preserve your rights, preserve your reputation, preserve your freedom, and preserve your record.
Can I Remain In Contact With My Children If I Am 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 have your children included as well. 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’re going to 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. When all is said and done, you’re able to preserve your rights as it relates to your children. Obviously, 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 Automatically Imposed In A Domestic Violence Case?
When someone’s arrested for a domestic violence charge in LA County, the victim is given the option to file a civil restraining order against that person. The police will give them 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, then the criminal court will issue a protective order against the person who is accused of committing the violent act. That protective order can be a level one protective order, which means that they are still allowed to see their significant other, but they cannot be violent toward them, threaten them or do anything illegal toward them.
If the other party doesn’t show up to court, then they’re automatically going to issue a full protective order, which means they will not be allowed to see their significant other at all while the case is pending. Oftentimes, attorneys will have the victim go to court so they can tell the prosecutor that they do not want a protective order. Ultimately, some sort of a protective order will be filed, but the extent of that order will depend on many different 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.
For more information on Bail In Domestic Violence Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 374-3952 today.
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