Domestic Violence Bail Bonds / Arrests / Punishments
- Penal Code section PC 273.5
- Penal Code section PC 243 (e)(1)
- Penal Code section PC 422
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California Domestic Violence & Spousal Abuse Bail Bonds. PC 273.5 (a), PC 243 (e)(1)
According to California law, domestic violence (sometimes called domestic abuse or intimate partner abuse) means causing or attempting to cause bodily injury, and/or sexual assault against a spouse, a former spouse, a person you are dating, a person with whom you are living, a person with whom you used to live and/or a person with whom you had a child. Domestic violence can involve physical injury, or domestic violence can occur merely by threatening words.
Your intimate partner does not decide whether or not to press charges in a domestic violence case in California. Once the police are involved in the domestic violence situation, you and your intimate partner no longer have the choice of whether or not to prosecute. The decision of whether or not to file criminal charges in a domestic violence case is up to the prosecutor alone. He or she will decide whether or not to bring the domestic violence charge. It is incorrect to believe that the domestic violence victim has the power to press charges or not; once law enforcement is involved, it is out of their hands.
If it’s up to the prosecutor, what can you do to help your case? We find that a very high percentage of our clients who bail out on a domestic violence or spousal abuse charge, will never have a case filed against them.The District Attorney’s office is very overworked. When a defendant is still in custody, the DA has a very good shot at getting them to take a plea deal and therefore get the case off their plate. When the defendant bails out, the DA knows they are going to have to prove their case and in these types of cases, that can be very difficult. Often times the person who posts bail for the arrested party is the victim of the domestic violence. The DA knows that proving a case with an uncooperative victim is almost impossible.
Usually, when a bail bond has been posted, what happens is the case will be filed as a “missing complaint”. This does not mean you are off the hook completely. The DA still has up to one year to file the charges. If another domestic violence arrest occurs, the DA could file charges on the new case as well as the old case.Â In these types of situations, bail truly is one of the best defenses against conviction.
Call us today to discuss your options. We are available toll free 24 hrs/ 365 days a year. The paperwork takes about 20 minutes. You can come to our office or one of our licensed bail bondsman can come to you at your home or convenient location. We can even complete the entire process via phone and email / fax.