Domestic Violence Charges in San Antonio: A Clear Guide to the Bail Process

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Domestic Violence Charges in San Antonio: A Clear Guide to the Bail Process

Domestic violence charges bring out complex and painful emotions, making them uniquely stressful, and giving domestic violence cases particular characteristics. Because of the possible safety threats in domestic violence cases, courts move fast and magistrates set strict bail conditions.

If your loved one is charged with domestic violence in San Antonio, understanding the bail process can help you support them through an unfortunate and difficult situation. This blog will help.

Understanding Domestic Violence Charges in Texas

In the Texas Family Code, domestic violence is called “family violence”. It happens when a member of a family or household does one of the following to another member:

  • Something intended to cause physical harm;
  • Something intended to cause bodily injury;
  • Assault;
  • Sexual assault;
  • Threats to perpetrate the above forms of violence;
  • Child abuse;
  • Dating violence also falls under “family violence”.

Some common terms used regarding domestic violence charges are:

  • Assault causing bodily injury: assault which causes “physical pain, illness, or any impairment of condition.”
  • A threat: when someone’s words or behavior make a person believe they will be imminently harmed.
  • A protective order violation: when a person ignores a court order limiting contact with another party.

Because of the potential for ongoing, escalating violence in domestic disputes, Texas courts often set high bail amounts.

How Bail Works for Domestic Violence Charges

Magistrates setting bail balance a person’s statutory privilege to be bailed out under certain circumstances with the protection of the person under threat. Bail increases if:

  • The individual impacted alleges injury;
  • The person charged has a history of domestic violence;
  • The arrested party already has a protective order in place;
  • The magistrate otherwise assesses potential risk to others.

The Magistrate Hearing in Bexar County

During a hearing, a magistrate sets the bail amount that a person charged must give to the court to get released pre-trial.

In domestic violence cases, conditioned release is common, to prevent the person charged from subjecting the victim to further violence/threats.

After someone is arrested on domestic violence charges, a magistrate can institute an emergency protective order (EPO) which restricts contact, proximity, and bans further family violence. Conditions may also include a no-contact order, forbidding any interaction.

Working With a Bail Bond Company on Domestic Violence Cases

Within 48 hours of a domestic violence arrest, a magistrate sets bail, and a representative of theirs can co-sign a bail bond to get them out.

A bond is a non-refundable portion of the bail (usually 10 percent) paid to a bail bondsman in exchange for bailing the arrested party out. If the bailed-out individual violates bail conditions or misses court, the co-signer may owe the full bail cost to the bondsman.

Bondsmen communicate closely with courts, and can sometimes get people bailed out faster than paying cash bail.

Common Questions About Domestic Violence Bail Bonds in San Antonio

 

How long does it take to get someone released after a domestic violence arrest?

After posting bail, a person is generally released within hours, but it can take up to 24 hours.

Will a no-contact order affect bail or the release process?

A no-contact order heavily restricts a person’s behavior while released, and can last up to two years.

Can bail be denied for domestic violence charges?

A magistrate may deny bail after a bail condition has been violated.

What happens if someone violates the conditions of release?

Violating release conditions can lead to re-arrest, forfeiture of bail, and further legal charges.

Does the bail bond fee differ for domestic violence cases?

Bail bond fees for domestic violence cases, like all cases, are a portion of the total cost of bail.

Can bail be posted before the magistrate issues a protective order?

Protective orders can be issued at any time if someone petitions the court.

What Happens After Release

When a person is released on bail for a domestic violence charge, they must:

  • Attend all court hearings/court-required check-ins;
  • Adhere to all protective orders/no-contact orders.
  • Check in with their bondsman as required.

Families should prioritize getting the appropriate legal counsel to guide their loved one through the situation, explaining exactly what to do and document.

Need Help Navigating the Process? River City Bail Bonds Can Help

River City Bail Bonds can help you navigate the difficult legal and emotional circumstances of a domestic violence charge in your family. Operating in Bexar County for many years, we can handle even the most complicated domestic violence charges.

The faster you bail someone out, the faster they can start exercising their legal rights and putting a difficult situation behind them. Reach out to River City Bail Bonds to start the process.

Domestic Violence Emergency & National Resources

  • For immediate danger: Call 911
  • National Domestic Violence Hotline — 24/7 confidential support. 1-800-799-7233 (TTY available)

Domestic Violence Local Support Services

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