Domestic violence includes all forms of abuse committed by a family member within the domestic circle. This can include partners, ex-partners, children, parents, family friends, or other relatives.
A domestic violence incident usually occurs when there is a power gap between the attacker and the victim. In most cases, the victim is dependent on the attacker and can be subject to physical, psychological, and sexual abuse.
Many people that have been arrested for domestic violence ask the question, “how much is bail for domestic violence in California?” Your total bail amount depends on many different factors including whether it is being investigated and charged as misdemeanor domestic violence or a higher-degree offense. Below we will explain the different types of domestic violence, the charges and potential penalites.
Types of Domestic Violence
The types of domestic violence are classified into several categories, each with a different degree of severity and allegations.
- Misdemeanor – a simple domestic battery charge and one of the most prevalent offenses in a family surrounding. The penalties for this type of violence might be community service, obligatory participation in an anger management program, up to 150 days in the county jail, or compensation to the victims. In addition to these punishments, the court can also issue a restraining order, with the purpose of the offender cutting all forms of communication with the victim(s).
- Felony – these are rape, assault, and sexual abuse charges and are a more serious form of domestic violence. The felony can result in severe bodily injury. Class A felony can result in life in prison.
Domestic Violence Charges
These are the domestic violence charges for each category of domestic violence.
● Felony Domestic Violence Charges
The felony charges depend on the circumstances of the allegations and are taken very seriously by the court. Contributing factors to the felony charges are:
- Whether the person was a child or a more intimate partner.
- Whether a weapon was used in the incident.
- Whether state lines were crossed.
● Misdemeanor Charges
Misdemeanor charges apply when there is unwanted physical contact with a family member or intimate partner. The touching in this type of charge doesn’t have to be injury or pain of any kind.
Domestic Violence Penalties
The penalties for a domestic violence case will depend on the type of violence, status, nature of the offense and the criminal history of the offender. In California, those who are charged with domestic violence will get a 48-hour hold. During this hold, the court will work to determine if the offender is eligible for bail and if so, a total bail amount will be set.
If the domestic violence is more serious like sexual abuse or physical abuse resulting in great bodily injury, or even life-threatening situations, the total bail amount can be very high. In some cases, the judge might decide that bail will not be offered at all, which means the accused will need to stay in jail while they await trial.
What to do in Case of Domestic Violence Accusations?
The first thing to do in case of domestic violence accusations is to get in touch with a domestic violence attorney to discuss your options and get the proper legal representation. Once you have found an attorney and your total bail amount has been set, consider working with a California based bail bond agent to post bond on your behalf.
Bail bond agents will post bond on your behalf in exchange for a fee that is equal to 10% of the total bail amount. If your total bail amount has been set and you are trying to determine how much your nonrefundable fee will be, use our online bail bond calculator.
Once a bail bond agent has posted bond on your behalf, you are released from jail while you await trial. The bond agreement will have rules that you need to follow and if you do not follow those rules, your bond could be revoked and you would then be forced to go back to jail while you await trial.