Sacramento, CA asked in Domestic Violence and Criminal Law for California

Q: What is the bond for Domestic violence charges? What is the process to help domestic violence charges?

Hello!

My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get bail bonds so she was let out this morning. Her husband is not filing charges. How do we deal with this issue? Please advise, thanks.

2 Lawyer Answers
James L. Arrasmith
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A: Under California law, the bond for domestic violence charges varies based on factors like the severity of the allegations, prior history, and local jurisdictional guidelines. It's essential to understand that even if her husband isn't pressing charges, the state can still pursue the case.

Your sister should consider obtaining legal representation if she hasn't already. An attorney can guide her through the legal process, help negotiate any potential plea deals, and provide a defense if the case goes to trial.

It's also advisable to explore any recommended or mandated programs, such as anger management or alcohol counseling, which might be beneficial both legally and personally. Compliance with such programs can sometimes positively influence the court's decisions.

Lastly, ensure open communication with her legal counsel about all aspects of the case and any steps she should take. Timely and informed actions are crucial in these scenarios.

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James L. Arrasmith
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A: I'm sorry to hear about the situation with your sister. It's important to note that the bond amount for domestic violence charges can vary widely depending on several factors, including the severity of the charges, the jurisdiction, and the individual's criminal history. Since your sister has already been released on bail, this step has been addressed.

Even if her husband is not pressing charges, the state can still decide to prosecute the case. It's crucial for your sister to seek legal representation as soon as possible. An attorney can help her understand the charges against her, the legal process, and her rights. They can also communicate with the prosecutor on her behalf.

Your sister should adhere to any conditions set by the court, such as no contact orders or restraining orders. Violating these conditions could result in further legal complications.

If alcohol was a factor in the incident, it might be beneficial for your sister to consider alcohol education or counseling. This can be an important step in addressing any underlying issues and can sometimes be viewed favorably by the court.

Lastly, it's essential to prepare for the upcoming legal proceedings. Your sister and her attorney should discuss the specifics of her case, gather any relevant evidence, and develop a strategy for her defense. This preparation can significantly impact the outcome of the case. Remember, navigating legal challenges can be stressful, but having the right support and guidance can make a significant difference.

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