Domestic Violence Bail Bonds / Arrests / Punishments

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?  BAIL OUT!  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.  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.

888-SOS-BAIL or 888-767-2245

 In California there are certain crimes which can be charged as domestic violence the most common are:

• In California there are certain crimes which can be charged as domestic violence the most common are:
• Penal Code section 273.5, or “Infliction of Corporal Injury on a Spouse or Cohabitant” can be charged as a felony or a misdemeanor. In order for the prosecutor to prove that a person violated Penal Code section 273.5 the prosecutor must prove beyond a reasonable doubt that:
• The victim was a spouse or cohabitant (usually a dating relationship)
• That the defendant inflicted or caused a corporal injury or an injury that left some type of mark (no matter how slight) on the victim. 
• Penal Code section 422 or “Terrorist Threats or Threats of Violence”:
• In order for there to be a conviction the prosecutor must prove beyond a reasonable doubt that the defendant:
• Threatened the victim with immediate physical harm and was capable of carrying it out and
• The victim was afraid that the threat would be carried out.
• Be careful a violation of Penal Code section 422 if charged as a felony is a “Strike” under the three strikes law.

Other crimes that can occur in a domestic violence setting are dissuading a witness from testifying; vandalism; and false imprisonment. Additionally, criminal protective orders are generally issued once someone is arrested. If those orders are violated, new charges including violations of Penal Code sections 273.6 and 166 can follow.

What is the punishment for a Domestic Violence conviction?

• Like all things in life, the punishment for a crime of domestic violence varies; however the most significant fact is the nature and degree of the injury and whether the person has a criminal history.
• If there is a serious injury alleged, contact an experienced attorney fast as real jail time, including potential prison, may result.
• If the injury is minor and this is the first offense involving domestic violence, then the sentence may potentially be an alternative sentence other than actual jail.

Because of relatively new legislation, the courts are generally bound to order the following:

• Formal probation for at least 1 year even for misdemeanors
• You will have a probation officer
• You will not be permitted to leave the county of your residence without permission
• You must submit to search of your personal and effects with or without a warrant
• You may be ordered to undergo alcohol or drug testing and counseling
• Attend and complete 52 Anger Management Classes
• Complete 40 hours of Community Service
• Maintain gainful employment
• Restitution ordered to the victim
• Payment of a fine
• Potential Jail time
• Not own or possess firearms for life
• Obey any court orders, usually protective orders

 888-SOS-BAIL or 888-767-2245