Domestic violence charges typically result from some form of abuse between people who currently or previously reside together. Shortly after someone’s arrest, they will attend a bail hearing, at which time they may be released, receive a monetary bail, or be held without bail. The bail amount that a person receives will depend upon the circumstances surrounding the alleged incident, the individual’s ties to the community, and their criminal history (if any).
It is extremely important that you have a knowledgeable domestic violence attorney represent you at a bail review hearing and at all other legal proceedings in your case. Your attorney can aggressively fight for your interests and help you secure the best possible result for your case and circumstances.
What Is a Domestic Violence Charge?
A person can incur charges for domestic violence when they commit acts of abuse against someone with whom they have a close relationship. This relationship can be between spouses, intimate partners, family members, or people living together. The charges depend on the nature and severity of the abuse. The main types of domestic violence charges include the following:
- Physical Abuse — Physical abuse involves hitting, slapping, punching, kicking, or any act causing physical harm. The severity of injuries affects the charge, ranging from misdemeanor assault to felony aggravated assault.
- Emotional and Psychological Abuse — This type of abuse includes intimidation, threats, constant criticism, and manipulation to control or harm the victim’s mental state. Though harder to prove, it can lead to charges under harassment or stalking laws.
- Sexual Abuse — Sexual abuse encompasses any non-consensual sexual act, such as rape or sexual assault. These acts within a domestic setting are severe offenses and usually result in felony charges.
- Economic or Financial Abuse — This occurs when the abuser controls the victim’s access to financial resources, making them financially dependent. While not always leading to specific charges, it can be part of broader coercive control, increasingly recognized in legal statutes.
- Stalking — Stalking involves repeated, unwanted attention and harassment causing fear. It can include following the victim, sending threatening messages, or other intrusive behaviors. Stalking is typically a misdemeanor but can escalate to a felony if it includes threats of violence or violates protective orders.
- Violation of Protective Orders — If a court issues a protective or restraining order against an abuser, violating this order is a criminal offense. Charges for violating protective orders range from misdemeanors to felonies, depending on the situation.
- Child Abuse and Neglect — Children in domestic settings can also be victims of abuse or neglect. This includes physical, emotional, or sexual abuse and neglect in providing necessary care. Child abuse and neglect are serious charges, often resulting in felony convictions and severe penalties.
A person can incur charges for domestic violence when someone reports their abusive actions to law enforcement. This can happen immediately following an incident after a victim seeks medical attention or when a victim or witness contacts the police. Police investigate the claims, gather evidence, and, if there is enough proof, arrest the abuser. The case then moves through the legal system, where charges are formally filed based on the type and severity of the alleged abuse.
Factors That Can Affect the Amount of Bail in a Domestic Violence Case
In a domestic violence case, several factors can affect the amount of bail a person receives. Bail is the money paid to the court as a guarantee that the accused will return for their trial. The following are the main factors that influence the amount of bail in these cases:
- The severity of the Offense — The seriousness of the crime plays a significant role in determining bail. More severe offenses, such as aggravated assault or sexual abuse, typically result in higher bail amounts. Conversely, less severe charges, like minor physical altercations, may lead to lower bail.
- Criminal History — A person’s past criminal record is a crucial factor. If the accused has a history of domestic violence or other criminal activities, the bail amount is likely to be higher. Repeat offenders are seen as a greater risk, and higher bail ensures they are less likely to evade court appearances.
- Risk of Flight — The court assesses whether the accused is likely to flee and avoid trial. Factors such as strong community ties, steady employment, and family responsibilities suggest the person is less likely to run, potentially lowering bail. However, if the accused has a history of failing to appear in court, the bail amount can increase significantly.
- Danger to the Victim and Community — The court considers the risk posed to the victim and the community. If there is a high likelihood that the accused will harm the victim again or pose a danger to others, the court may set bail at a higher amount or even deny it. A judge may also issue protective orders and no-contact orders in such cases.
- Evidence and Testimony — The strength of the evidence against the accused can influence bail. Strong evidence, such as eyewitness accounts, medical records, and physical evidence, can lead to higher bail as it indicates a higher probability of conviction.
- Nature of the Relationship — The relationship between the accused and the victim can affect bail decisions. If the accused has a close, ongoing relationship with the victim, such as being a spouse or parent, the court may view the potential for repeated abuse as higher, leading to a higher bail amount.
- State and Local Laws — Different jurisdictions have varying laws and guidelines regarding bail in domestic violence cases. Some states have mandatory minimum bail amounts for certain types of domestic violence charges, affecting the overall bail amount.
- Accused’s Financial Situation — The court also considers the financial resources of the accused. While the purpose of bail is not to punish, it must be set at an amount that ensures the accused has a significant incentive to return for trial without being excessively burdensome.
What Happens After Bail Is Set in a Domestic Violence Case?
Once bail is set in a domestic violence case, several important steps unfold. Here is what typically happens:
- Posting Bail — The accused or their representative can post bail to secure release from custody. The accused can pay bail in cash or through a bail bond, whereby a bail bondsman posts the bail for a fee — usually a percentage of the total bail amount. If the accused cannot afford bail, they may remain in custody until their trial.
- Release from Custody — After bail is posted, the accused is released from jail. They must agree to abide by certain conditions, such as attending all court hearings, avoiding contact with the victim, and obeying any protective orders. Failure to comply with these conditions can result in re-arrest.
- Pretrial Activities — Following release, several pretrial activities occur. These may include:
- Arraignment — The accused appears in court for arraignment, where they are formally charged and enter a plea (guilty, not guilty, or no contest). The judge may also review and adjust bail conditions during this hearing.
- Discovery — Both the defense and prosecution gather evidence, interview witnesses, and build their cases. This process is called discovery.
- Pretrial Motions — Lawyers may file pretrial motions to request certain actions from the court, such as dismissing charges or suppressing evidence.
- Compliance with Bail Conditions — The accused must strictly adhere to the conditions of their bail. Common conditions include no contact with the victim, staying away from certain locations, and attending all court dates. Violating these conditions can lead to bail revocation and re-arrest.
- Court Hearings — The accused must attend all scheduled court hearings. These hearings can include status checks, pretrial conferences, and motion hearings. Skipping a court date can result in a bench warrant for arrest and forfeiture of bail.
- Trial Preparation — Both the defense and prosecution prepare for trial. This involves reviewing evidence, interviewing witnesses, and strategizing their arguments. The accused should work closely with their attorney during this period.
- Trial — If the case goes to trial, a judge or jury examines the evidence and decides on the guilt or innocence of the accused. The trial includes opening statements, witness testimonies, cross-examinations, and closing arguments. The court renders a verdict based on the evidence presented.
- Sentencing — If the accused is found guilty, the judge will determine the sentence, which may include jail time, fines, probation, or other penalties. If found not guilty, the accused is acquitted and released from all charges.
A skilled criminal defense attorney can handle the various steps of the legal process for you and ensure that your rights remain safeguarded at all times.
Potential Penalties and Collateral Consequences of a Domestic Violence Conviction
A domestic violence conviction can lead to severe penalties and significant collateral consequences. One can face the following:
Potential Penalties:
- Jail or Prison Time — The most immediate penalty is incarceration. Misdemeanor domestic violence convictions can result in up to a year in jail. Felony convictions involving more severe abuse or repeated offenses can lead to multiple years in prison.
- Fines — Courts often impose fines on those convicted of domestic violence. These can range from a few hundred to several thousand dollars, depending on the severity of the offense and state laws.
- Probation — Instead of, or in addition to, jail time, the court may sentence the convicted person to probation. Probation conditions can include attending counseling, refraining from contacting the victim, and regularly checking in with a probation officer.
- Mandatory Counseling — Many courts require domestic violence offenders to complete anger management or domestic violence counseling programs. These programs aim to address the underlying issues that led to the abusive behavior.
- Community Service — Some convictions come with community service requirements, whereby the offender must complete a certain number of hours working for non-profit organizations or public service projects.
Collateral Consequences:
- Loss of Firearm Rights — Federal law prohibits individuals convicted of domestic violence from owning or possessing firearms. This can have significant implications for those in professions requiring the use of firearms, such as law enforcement or military service.
- Effects on Employment — A domestic violence conviction can severely affect someone’s career. Many employers conduct background checks and may be hesitant to hire someone with a violent criminal record. In addition, professional licenses can be revoked or denied.
- Child Custody and Visitation — Convictions can influence family court decisions regarding child custody and visitation rights. Courts prioritize the safety of children and may limit or supervise the convicted person’s access to their children.
- Housing Difficulties — A criminal record can make securing housing challenging. Landlords often conduct background checks and may refuse to rent to people with a domestic violence conviction.
- Immigration Consequences — For non-citizens, a domestic violence conviction can result in deportation or affect their immigration status, making it difficult to obtain or renew visas and green cards.
- Social Stigma — Beyond legal and practical repercussions, those convicted of domestic violence often face social stigma. Relationships with family, friends, and the community can suffer, leading to isolation and emotional distress.
An experienced criminal defense lawyer will do everything possible to help you avoid a conviction in your domestic violence case. However, if that is not possible, your attorney will work to lessen or eliminate the penalties and collateral consequences that you face.
Successfully Defending Against a Domestic Violence Charge in Court
Facing a domestic violence charge can be daunting, but a skilled attorney can employ several legal defenses, depending on the circumstances of the case:
- Self-defense — A common defense is that the accused acted in self-defense or defense of others. This defense asserts that the accused reasonably believed they were in imminent danger of harm and used necessary force to protect themselves or someone else.
- False Accusations — Sometimes, domestic violence charges stem from false accusations made out of anger, revenge, or to gain advantage in a divorce or custody dispute. The defense will aim to demonstrate inconsistencies in the accuser’s statements or present evidence contradicting their claims.
- Lack of Evidence — Prosecutors must prove the accused’s guilt beyond a reasonable doubt. If there is insufficient evidence linking the accused to the alleged offense, the defense may argue for dismissal or acquittal.
- Accident or Mistake — In some cases, the alleged domestic violence incident may have been an accident or the result of a misunderstanding. The defense can present evidence showing that the accused intended no intentional harm.
- Alibi — If the accused can provide evidence or witnesses proving they were elsewhere at the time of the alleged incident, it can serve as a strong defense against the charges.
- Consent — In situations involving sexual abuse allegations, the defense can argue that the actions were consensual, providing evidence such as communication records or witness testimony supporting this claim.
- Police Misconduct — If law enforcement officers violate the accused’s rights during the arrest or investigation, such as conducting an unlawful search or coercing a confession, the defense can file motions to suppress evidence obtained unlawfully.
- Mental Incapacity — In rare cases, the defense may argue that the accused was mentally incapacitated at the time of the alleged offense, rendering them unable to understand the nature of their actions or distinguish right from wrong.
Successfully employing these defenses requires careful preparation, gathering of evidence, and strategic presentation in court. It is essential for the accused to work closely with a skilled criminal defense attorney who can assess the case, identify the strongest defenses, and advocate effectively on their behalf. Each case is unique, and the appropriateness and effectiveness of these defenses depend upon the specific facts and circumstances surrounding the allegations of domestic violence.
Contact an Experienced Criminal Defense Lawyer Today
If you are currently facing a charge of domestic violence, a skilled criminal defense attorney in your jurisdiction can be an invaluable help. Your lawyer can handle every step of the case for you, represent you at legal proceedings (including your bail review hearing), and safeguard your rights in pursuit of the best possible result on your behalf.