Domestic Violence Bail Bonds

Understanding Domestic Violence Bail

Domestic violence charges carry some of the most complex bail conditions in the criminal justice system. Unlike other offenses, DV cases involve mandatory holds, no-contact orders, and specific conditions designed to protect the alleged victim. Here's what you need to know.

How Domestic Violence Bail Differs

Domestic violence bail is handled differently from other charges in several important ways:

• Mandatory holds: Many states require a cooling-off period (12-48 hours) before release
• No-contact orders: Almost always includes an order prohibiting contact with the alleged victim
• Higher bail amounts: Judges often set higher bail due to safety concerns
• Additional conditions: May include surrendering firearms, vacating the shared residence, and attending counseling
• Mandatory arrest laws: Many states require police to make an arrest at a DV call

Typical Bail Amounts for Domestic Violence

• Misdemeanor DV (no injury): $5,000-$25,000
• Misdemeanor DV (minor injury): $10,000-$50,000
• Felony DV (serious injury): $25,000-$100,000
• DV with weapon: $50,000-$250,000
• DV with prior DV convictions: $25,000-$500,000
• Attempted murder/strangulation: $100,000-$1,000,000

The Mandatory Hold

Most states impose a mandatory hold before a DV defendant can be released on bail. The purpose is to:

• Allow emotions to cool down
• Give the alleged victim time to seek a protective order
• Allow a judge to review the case and set appropriate conditions
• Protect the alleged victim from immediate retaliation

Hold periods vary by state, typically 12, 24, or 48 hours. During this time, bail cannot be posted even if the amount is on the bail schedule.

No-Contact Orders

A no-contact order (also called a protective order or restraining order) is almost always a condition of release in DV cases. This typically means:

• No physical contact with the alleged victim
• No phone calls, texts, emails, or social media contact
• No contact through third parties
• Stay away from the victim's home, workplace, and school
• May need to vacate a shared residence

Violating a no-contact order is a separate criminal offense that can result in immediate re-arrest, revocation of bail, and additional charges.

Special Release Conditions

Beyond the standard bail conditions, DV defendants may face:

• Surrender of all firearms and weapons
• Mandatory counseling or anger management classes
• Drug and alcohol testing
• GPS monitoring
• Specific living arrangement requirements
• Restrictions on travel

The Bail Process for DV Cases

1. Arrest: Police respond to a DV call and make an arrest (mandatory in many states)
2. Booking: Standard jail booking process
3. Mandatory hold: Cannot be released during the cooling-off period
4. Bail hearing: A judge reviews the case and sets bail with conditions
5. Contact a bondsman: A family member or friend contacts a bail bondsman
6. Release with conditions: Defendant is released with strict conditions including no-contact orders

Important Considerations

If you're co-signing a bail bond for someone charged with domestic violence:

• Understand that any violation of release conditions means re-arrest
• The defendant must comply with all no-contact orders
• Help the defendant find alternative housing if they shared a home with the alleged victim
• Encourage the defendant to hire an attorney immediately
• Monitor compliance with all conditions to protect your financial investment in the bond