Last Updated on June 28, 2021
If you are arrested for domestic violence, you may post bail to earn your release from jail. One of the most common questions people have after their partner’s arrest is how much is bail for domestic violence? People also often wonder how to post bail after a domestic violence arrest. This article explains how that process works, the cost of bail for domestic violence, and other details you might want to ask your domestic violence attorney.
Domestic Violence Bail is More Expensive Than Other Crimes
Regardless of how they feel about the merits of the bail system, judges recognize that those accused of violence against an intimate partner present a greater risk to their victims than most people accused of crimes. For this reason and because domestic violence is taken very seriously in Vista and the rest of San Diego County, bail for domestic violence is higher than bail for committing battery against a random stranger on the street.
It’s important to recognize that domestic violence charges can be filed against either partner in a relationship and that the couple does not need to be married or even together at the time. Domestic violence charges can be brought up against lovers, exes, spouses, co-parents of a child, and other persons involved in an intimate relationship.
How to Pay Bail After a Domestic Violence Arrest
Most of the time, when police are called in for domestic violence, they end up arresting someone -sometimes, they even arrest both parties. If there is sufficient evidence that domestic violence occurred, the prosecutor will generally press charges even if the other person does not wish to do so. Speak with a domestic violence attorney as soon as you are arrested.
After you have been arrested, you may pay the standard bail for domestic violence or wait for the arraignment to see if the judge will release you on your own recognizance. If you choose to stay in jail instead of posting bail, typically, you wait three court days until your arraignment. Weekends and holidays do not count as court days, so an arrest at the start of a long weekend can mean waiting five days in jail before you see a judge. If you are not released, you can also take this opportunity to have your lawyer argue for the bail to be reduced.
How Much is Bail for Domestic Violence?
The more serious a crime is in Vista, the higher the bail, and domestic violence bail is particularly high because it is a crime that involves family members. If the victim was injured, then the arrest is a felony, and this level of domestic violence bail is $50,000 or $100,000 for repeat offenders. Domestic violence bail cost an additional $50,000 if the victim suffered great bodily injury. However, prosecutors often charge a felony arrest for domestic violence as a misdemeanor.
Misdemeanor domestic violence bail is $10,000 for a first-time offense, $20,000 for a second offense, and $40,000 for a third or subsequent offense. Additionally, if you violated an existing stay-away order, you may have an additional $10,000, $20,000, or $40,000 in bail for domestic violence charges.
How Can You Pay Domestic Violence Bail?
Bail can be paid through bail bondsmen who require 10% of the bail total as their payment, although many will go to 8%. When working with a bail bonds company, you do not get any money back, even if charges are not filed. In other words, if the bail was $50,000, the domestic violence bond amount would be $55,000.
You can also post bail with cash for the entire amount. In doing so, you get all the money back as long as you appear for all court appearances.
If you have been charged with any type of spousal abuse and have any questions, please call Peter M. Liss at (760) 643-4050.
