There are many situations where a person may be accused of domestic violence, which is usually referred to as “family violence” in Texas criminal cases. In some cases, arguments between spouses, unmarried couples, or other family members can get out of control, and the police may be called to deal with the situation. If a person is accused or suspected of committing family violence, they may be arrested and taken into police custody. Following an arrest, a person will need to understand how they can post bail and get out of jail, as well as other issues that may affect them during their criminal case.
Most of the time, when a person is arrested for family violence in Texas, they will be charged with domestic assault. This offense may apply if a person intentionally injured a person in their family or household or threatened to inflict injuries. Domestic assault charges may also apply in cases where someone made physical contact with a member of their family in a way that would offend or provoke that person. This means that multiple types of actions could lead to a family violence arrest, ranging from physical abuse to simply poking someone in the chest.
Domestic assault is usually charged as a Class A misdemeanor, although it may be charged as a second-degree felony if a person had been previously convicted on family violence charges. Charges may be elevated to the first-degree felony aggravated domestic assault if the person allegedly used a deadly weapon and inflicted serious injuries against family members.
Following an arrest on family violence charges, an amount of bail will be set that a person will be required to pay before they can be released from jail. This amount will be based on the severity of the charges, as well as other factors, such as whether a person is considered a flight risk. For misdemeanor family violence charges, bail may be set at a few thousand dollars or less. However, bail will be higher in cases involving accusations of aggravated domestic assault or situations in which a person allegedly harmed or injured a family member, and a person may be required to pay tens of thousands of dollars before being released.
In some family violence cases, a protective order known as a Magistrate’s Order of Emergency Protection may be issued. This type of restraining order is mandatory in cases where a victim suffered serious bodily injuries or when a person allegedly used or brandished a deadly weapon while committing domestic assault. A judge may also choose to issue a protective order in situations where they believe it is necessary. An emergency restraining order may require a person to stay away from certain places, such as the alleged victim’s home or workplace, and it will prohibit a person from harassing or threatening family members. A person may also be required to turn over any firearms they own or a concealed handgun license, and they may be subject to GPS monitoring.
If you or a loved one have been arrested on family violence charges, Doc’s Bail Bonds can help you post bail and get released from jail quickly. You will only be required to pay 10 percent of the total amount of bail set by a judge, and we can provide you with affordable options for payment, including financing plans with no credit checks. To learn how we can help you get out of jail fast, contact our experienced Plano bail agents 24/7 at 214-747-4110.
Sources:
https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm
https://www.txcourts.gov/media/478291/chapter4.pdf
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm