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If I am arrested for misdemeanor domestic violence battery will I have to stay in jail while my case is pending?

On Behalf of | Apr 15, 2014 | Criminal Law

If you are arrested for domestic violence battery the bond amount is automatically set at “No Bond” and  you will be brought before the first appearance Judge within 24 to 48 hours (typically w/in 24 hours) to address probable cause for arrest and the possibility of a bond.  The first appearance Judge will take into consideration numerous factors as to whether or not you will be given a bond.  These things include, but are not limited to, the alleged victims input as to whether or not they are in fear for their safety should you be released, your prior record, any prior failures to appear for court and your ties to the community.   Typically the Judge will grant some form of  monetary bond which would include a no contact provision and potentially some form of GPS monitoring.   That is not always the case if you have multiple prior arrests for domestic violence or the Judge has reason to believe that the alleged victim is in fear for his or her safety should you be released.  I always recommend that if you can afford to retain counsel to come to your first appearance it is worth it so that they can advocate on your behalf with regards to getting  a bond set. There are judges that do not set a monetary bond at 1st appearance  for domestic battery charges.