Domestic violence (DV) arrests are difficult for families in many ways. Since DV occurs between the people who are closest to, and often dependent upon, one another, it affects how families live, parent, and socialize. Because of the intimate, deeply emotional nature of DV and the complexities and potential volatility it brings, the legal and bail systems tend to impose heavy restrictions, bond conditions, and additional court orders that are less common for other crimes.
If you or a loved one has been arrested for domestic violence in Texas, this walkthrough will help you understand what to expect, how to post bail, and how to approach life in pre-trial release after a domestic violence arrest.
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DV Arrests: What Happens And Why?
When arriving to domestic disturbance calls, officers assess if a crime has been committed and who is responsible. Police in Texas have the authority to arrest people when they have probable cause to believe someone has committed DV, or when they see it occur.
The officer, not the person alleging domestic violence, decides if an arrest will be made. Officers must make an arrest if they believe a crime has been committed, even if the alleged victim claims the situation is safe.
In Texas, many charges fall under the umbrella of “family violence”, the legal term for domestic violence under Texas law; one member of a household committing a crime against another. Charges include (but are not limited to):
- Assault
- Aggravated Assault
- Continuous Violence
- Kidnapping
When arrested on DV charges, the accused is taken to jail for booking.
A Quick Look at the Booking Process
At the jail, the person charged is photographed, fingerprinted, has belongings confiscated and inventoried, and is placed in a cell to await magistration.
Going Before The Magistrate And Getting Bail Set
During magistration, a judge reviews the charges and sets bail. For DV cases, a perceived higher risk of future violence increases conditions and bail cost.
The following factors are considered:
Criminal history: Particularly a past of violent convictions.
Alleged injuries: Injuries imply a potentially more dangerous situation.
Prior protective orders: Previous protection orders may be read as a sign of violent patterns.
Flight risk: Concerns that a charged individual may skip out on trial.
Risk to alleged victim: Any other factors that may imply a risk of additional violence or retribution.
Read more about domestic violence charges in San Antonio.
Special Bond Conditions the Accused May Receive
Domestic violence cases tend to carry more, and more restrictive, bond conditions compared to other serious crimes, to protect the alleged victim’s safety, possibly including:
No-contact orders: These legally prohibit contact between two parties. This can include physical contact, phone calls, text messaging, social media, and more. They can be disruptive to daily life, but must be followed.
Orders to avoid a residence: This prevents the resumption of violence in a home where it occurred.
No firearms: Firearms make lethal violence easier; their possession may be restricted for everyone’s safety.
GPS monitoring: The obligation to avoid certain places may be backed up by GPS monitoring.
Alcohol or drug restrictions: Alcohol and drugs can inflame tense situations and lead to poor, emotionally-driven choices.
Travel restrictions: To prevent absconding or other problems.
Understand that restrictions vary depending on the judge and case specifics.
After bail is set, a person can be bailed out.
Read more about domestic violence bond conditions and what to expect after release.
How Posting Bond Works for a Domestic Violence Arrest
To bail someone out you will likely want a bail bondsman, especially if bail is high.
Before contacting bail bondsman, prepare the following information:
- Name of the arrested party
- Location where a person is being held
- Booking number
- Charges
A bail bondsman covers the full bail amount to secure pre-trial release. For this service, they usually charge a non-refundable 10 percent of the full bail cost. Many offer payment plans so you can pay in installments.
A bondsman may want records like utility bills or pay stubs to demonstrate your financial reliability.
Getting Out of Jail After a Domestic Violence Arrest
When a person posts bond, the administrative gears of the jail begin turning to ensure timely release, which can take a few hours or longer. Backlogs and holidays slow release times.
Making Good on Your Obligations After Making Bail
With heavily conditioned DV cases, people on pre-trial release must be especially aware of their obligations to the court to avoid violating.
Failure to appear at the first or any subsequent court hearings can result in:
- Revocation of bond and re-arrest;
- Owing the full bail amount the court (or to the bail bondsman);
- Additional financial and legal penalties.
The same applies for any and all bond conditions.
Breaking a no-contact order in particular can create additional serious legal consequences, even if the alleged victim permits or encourages contact.
Domestic Violence Support
If you or someone you love is experiencing domestic violence and is in immediate danger, call 911 right away.
For confidential help and resources in Texas, contact the Texas Family Violence Hotline at 1-800-252-5400 or visit txadv.org. You can also call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or visit thehotline.org.
Managing a Domestic Violence Arrest With River City Bail Bonds
Visit our Domestic Violence Bail Bonds service page for more information on how River City Bail Bonds can help or contact us today, we are available 24/7 to take your call.
Frequently Asked Questions About What Happens After a Domestic Violence Arrest in Texas
What happens immediately after a domestic violence arrest in Texas?
After a domestic violence arrest, the accused is taken to jail for booking, where fingerprints, photographs, and personal information are collected. They then appear before a magistrate, who reviews the charges, sets bail if appropriate, and may impose bond conditions before release.
Can someone be released on bail after a domestic violence arrest?
Yes. In many domestic violence cases, the court sets bail during magistration. Once bail is posted, either by paying the full amount or through a bail bondsman, the defendant may be released while awaiting future court dates, provided they comply with all bond conditions.
What bond conditions are common in domestic violence cases?
Bond conditions often include no-contact orders, restrictions on returning to a shared residence, firearm prohibitions, travel limitations, GPS monitoring, or drug and alcohol restrictions. The specific conditions depend on the facts of the case and the judge’s decision.
How long does it take to be released after posting bail?
Release times vary by jail and workload. Even after bail has been posted, it may take several hours for jail staff to complete the release process. Weekends, holidays, and high booking volumes can increase wait times.
Can a no-contact order be ignored if the alleged victim agrees?
No. A court-issued no-contact order must be followed regardless of whether the alleged victim initiates or consents to communication. Violating the order can result in additional criminal charges or revocation of bond.
What happens if someone violates their bond conditions?
Violating bond conditions may lead to bond revocation, re-arrest, additional criminal charges, or stricter release conditions. It’s important to follow every condition ordered by the court until the case is resolved.
What information do I need to post bail for someone?
To begin the bail process, it’s helpful to have the arrested person’s full name, the jail where they are being held, their booking number if available, and the charges they are facing. A bail bondsman can often help locate missing information.
Can a domestic violence charge be dropped if the alleged victim changes their mind?
Not necessarily. In Texas, prosecutors—not the alleged victim—decide whether criminal charges move forward. Even if the alleged victim no longer wishes to pursue the case, prosecutors may continue with the prosecution based on the available evidence.
Disclaimer: River City Bail Bonds is a licensed bail bond agency, not a law firm. The content provided here is intended for general informational purposes and should not be considered legal advice. For guidance about your specific charges or legal rights, contact a qualified Texas criminal defense attorney.
