Defining Domestic Violence Bail
Domestic violence has become one of the most talked about subjects today. Unlike any other reason why a person is arrested, we may not agree the accused should even be released to the public. However, the justice system provides a judge to set domestic violence bail, based on the surrounding facts of the case.
What is domestic violence bail?
Domestic violence bail is the amount of money determined by the arraigning judge that permits the accused to be released until their court date. This money paid is a guarantee that the accused will follow all orders by the court, including the assigned court dates. The amount the judge sets is based on the severity of the crime and the criminal background of the accused.
Who is eligible for domestic violence bail?
Anyone who is arrested on domestic violence charges may be eligible for domestic violence bail. The judge will review the surrounding facts of the case and put them together with other facts regarding the accused, including:
- Criminal history
- Employment status
- Community Standing
- Housing status
- Their connection to the victim
- Flight risk possibility
What is the process for obtaining domestic violence bail?
If a judge sets the domestic violence bail, the accused, a family member, or a friend, can contact a lawyer or a bail bondsman to obtain the domestic violence bail bond. Typically, a 10% payment is required upfront. This payment is typically non-refundable.
What are the risks associated with posting a domestic violence bail?
For the person that posts the domestic violence bail bond, they risk not getting their 10% repaid by the accused if they skip out on their court date or other court-required processes. The accused risks the bail bonds agency having them re-arrested and then they will be faced with the original domestic violence charge and the jumping of the domestic violence bail bond.
Are there alternatives to posting a domestic violence bail?
Yes, the accused can post the full amount of the bail set by the judge in cash to the court.
Who can post a domestic violence bail?
The accused can post their own domestic violence bail, or they can contact a criminal defense attorney. A family member, friend, or co-worker can post a domestic violence bail bond.
How much is a domestic violence bail bond?
The arraigning judge will have a schedule set by the state as to what they can set for domestic violence bail. In Kansas, this can be as low as $500.00 and as much as $100,000.00. The amount the judge is determined by the facts we stated above as well as the severity of the violence and if any other crime was committed during the act of violence. This can include but is not limited to rape, robbery, etc, or if the victim doesn’t survive, the charges can be upped to murder charges.
What is the difference between domestic violence bail and regular bail?
Because domestic violence is considered to be one of the most extreme types of crime, the bail is often higher than it would be for other charges. With domestic violence bail, there will be stipulations that they cannot be in any contact with the victim or their family members.
How long does the domestic violence bail process take?
After the accused is arrested, taken to jail, and processed, they will be presented before an arraignment judge. The time in front of a judge is usually completed in 90 minutes or less. If the judge sets a domestic violence bail, the time it takes to get the bond will depend on the person that is obtaining the bail bond. The process with the bail bond agent can be done within 2 hours or less.
After the domestic violence bail bond is posted and the accused is released from jail, the expenses and the problems aren’t over. There will be ever-lasting problems for the victims and the accused. This type of charge can affect their current jobs and future employment, the victim may require long-term therapy and the accused will probably be required to complete a certain amount of anger management and other types of counseling.
Domestic violence affects the entire family, especially in households with children. Domestic violence has proven to be hereditary, not so much from the genes, but from what children see, still have the tendency to do the same. This can be said by spouses treating each other with respect as much as violence. Once a domestic violence case has been resolved, often if any children are in the same household, the courts may require them to attend counseling as well. This is in hopes of stopping them from following suit of what they have grown up experiencing and watching. If you need help with domestic violence bail in Wichita, KS, please reach out to us at 866-830-2663 today!