Domestic Violence Bail in California
What happens after an arrest in San Diego, Orange County, and LA?
- The defendant is taken to the police station or the county jail where he or she is booked in and processed.
- The bail is set. The bail varies, depending if the domestic violence was charged as a misdemeanor or as a felony.
- A domestic violence case might start as a misdemeanor.
- However, it can quickly change into a felony. For example, if the police find that an attempt to injure existed, they will charge the abuser for a felony. Generally, if there is no injury or contact, a misdemeanor will be charged. Please do not mistake this as legal advice...
Most Common Domestic Violence Crimes
How Our Bail Bondsmen Work
- Please call us as soon as possible.
- We will look up the defendant's charges and the bail amount.
- We will walk you through the entire bail bond application and let you know what to expect.
- We will find a solution to pay the bond.
- We will put up the full bail amount for you with the jail in San Diego, Orange County, and LA, that is our Job. We post the bond with the jail, making sure that your loved one will appear as directed by the court.
- The jail will begin the release process.
* After that, the defendant is released from jail and will come check into our office and receive their court information/obligations.
How Domestic Violence Occurs
Domestic violence cases in San Diego, Orange County, and Los Angeles are broader than people usually estimate.
Here is a good definition from the National Coalition against Domestic Violence:
"Domestic violence is the voluntary intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of power and control perpetrated by one intimate partner against another. It includes physical violence, sexually inflicted violence, psychological violence, and emotional abuse."
California law explains that abuse is:
- Not only hitting but also trying to hurt, shoving, kicking, pushing, pulling hair, throwing things, scaring the other person, following, limiting their freedom.
- Sexually assaulting.
- Threatening, promising to hurt, stalking, harassing, disturbing their peace, destroying their personal property.
In our practice, we have seen cases where: a simple shove or push or putting the hands on somebody's arms and pulling them were considered physical abuse.
We've had cases where the situation started lightly and escalated. The victim then tried to make a phone call, and the aggressor took the cell phone out of their hand or ripped the phone out of the wall so that she or he couldn't make the phone call. That aggression becomes a separate charge in itself. We find that charge all the time linked with domestic violence cases.
We encounter a lot of yelling and screaming matches that turned into misdemeanor charges because the neighbors call the cops. More exactly, the neighbors call the Police asking them to do a wellness check. The Police come, and someone goes to jail.
This type of abuse includes situations where those involved yell and scream at each other.
It's at the discretion of the Police Department if they think there is a threat. The Police react more drastically if the public peace is disturbed and the neighbors are the ones that call them
Common forms of emotional abuse are isolating, humiliating, degrading.
Common forms of psychological abuse are intimidating, threatening, causing fear.
An arrest for domestic violence will be made when the emotional and the psychological abuse lead to violence.
- Married/former spouses
- Domestic partners
- Dating/used to date
- Living together/used to live together
- Parents of a child
- Closely related by blood
- Closely related by marriage
Reporting Domestic Violence to Police
- If you try to resolve petty disagreements, even heated ones, using the help of the police, expect that you may be putting yourself or your loved one in the position to be arrested.
- Involve the police in a domestic situation if you are truly in danger.
Domestic Violence with Police Officers
- When police are called, and they find a conflict between related parties, a report has to be filed and in most cases an arrest is mandatory.
- Officers have discretion in some cases; however, in domestic violence cases, they usually don’t.
- The police generally separate the persons involved and perform interviews with each of the people in the household.
- An arrest will be made if neighbors reported the incident and there is a conflict.
- However, when the offender is a minor, generally an arrest will not be made, but the family will be contacted.
- In most cases, the police will not arrest the person that initiated the conflict, but the one that caused the most significant harm.
- It is possible that both persons involved are arrested.
How Domestic Violence Escalates
We had an interesting case where the husband came home, and the wife was in bed with another person. He started yelling and making a scandal. The lover was afraid that the husband might harm her and after he left called the Police. In the end, it was the cheated husband that ended up in jail.
In practice, we see a spike in domestic violence cases around weekends and holidays. Whenever people get drunk, they get into arguments over unimportant issues, and things escalate really quickly.
Statistics show that:
- Women are more likely than men to be victimized. The rapport is 85% to 15%.
- Most commonly, assaults affect women aged 16-24 and African-American women aged 20-24.
- Separated and divorced women are more likely to be victimized.
If the aggressors become violent towards a child, they will be charged with child endangerment or child abuse. We often have such cases.