Can Bail Be Denied in Texas Family Violence Cases?

 Posted on June 16, 2022 in Uncategorized

Most of the time, when a person is arrested, they will be able to be released after posting bail. Following an arrest, an arraignment will be held, and a judge will set an amount of bail that must be paid in order for the person to be released during their criminal case. For those who are looking to get out of jail but who may not have the resources to pay the full amount of bail, a bail bond may be the best solution. This will usually only require them to pay 10 percent of the amount of bail set by the judge. Procedures for bail and bail bonds will be followed in most criminal cases, including situations where a person is arrested based on accusations of family violence. However, there may be some cases where bail may be denied.

Denial of Bail for Violations of Court Requirements

In many cases, when a person is arrested for family violence, a court will put an emergency order of protection in place. The court will then hold a hearing where both the alleged abuser and their alleged victim may testify or present evidence, and if necessary, a more permanent protective order may be created. These types of orders are meant to prevent any further domestic violence or abuse. An order of protection can include a number of restrictions, such as:

• Requiring a person to stay away from their spouse, children, other family members, or anyone else who the court believes needs protection from domestic abuse. 

• Prohibiting a person from contacting their family members in any way, including making phone calls, sending text messages or emails, sending written notes or letters in the mail, or relaying messages through other people.

• Requiring a person to leave their home and giving exclusive possession of a shared residence to the alleged victim.

• Requiring a person to pay spousal support or child support to ensure that their family members will have the necessary financial resources.

• Prohibiting a person from possessing a firearm and suspending a concealed handgun license, if the person has one.

• Requiring a person to submit to GPS monitoring to track their whereabouts and ensure they stay away from certain locations.

In addition to or instead of an order of protection, a judge may place conditions on a person’s bail. These conditions may include many of the same provisions that are meant to protect against future cases of domestic violence.

If a person violates an order of protection or the conditions of bail, they may be arrested for a second time and face additional criminal charges. If this violation allegedly involved additional acts of family violence, or if a judge determines that a person intended to commit domestic violence when they committed a violation, they may deny the person bail. Those who are facing these types of accusations may need to secure legal representation from an attorney who can protect their rights, advocate for them to receive an appropriate amount of bail, and ensure that they will be able to defend against any criminal charges they face.

Contact Our Collin County Bail Bond Professionals

At Doc's Bail Bonds, we can help you address any issues related to bail. Once bail has been set by a judge, we can help you post the required amount, and we will work with you or your loved ones to determine the most affordable payment arrangements. We can also help you connect with an attorney who can assist with your case. To learn how we can help you get out of jail as quickly as possible following an arrest, contact a McKinney bail bondsman at 214-747-4110.

Sources:

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm

https://www.txcourts.gov/media/478291/chapter4.pdf