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Bail process for domestic violence charges

On Behalf of The Law Firm of Brent D. Ratchford |

Those accused of domestic violence in Gaston County, North Carolina, may be eligible for bail. The possibility of bail depends on several factors that a judge will have to consider.

Domestic violence bail process

A defendant of general domestic violence may get pretrial release depending on their circumstances. The judge decides on whether to allow bail. A judge can request the criminal history from a police officer or district attorney. After reading the criminal history, a judge will explain the conditions of release. The court returns the criminal history to the correct department or agency. A judge waiting for the criminal history can’t delay the decision.

Other provision for bail

A judge will look at the circumstances and context of the domestic violence charges. If the defendant poses an immediate danger to the alleged victim or another person, the judge won’t allow the defendant bail. Bonds require proof the defendant isn’t a threat to anyone after release.

Conditions for bail

There are several conditions a judge may impose on bail during domestic violence. The defendant needs to stay away from the alleged victim’s home, place of work and school. The defendant shouldn’t beat, wound, assault or molest the alleged victim. The defendant should refrain from damaging, removing or injuring specified property. The defendant may visit with a child only at specified court times. Sometimes a defendant can’t have alcohol and may need to enter a treatment program.

A domestic violence defendant may have to comply with many restrictions while out on bail. Stalking, abuse and damaging property are taken into consideration by the judge. A mentally ill defendant may stay in custody. Regardless of the circumstances, a defendant can only be in custody for up to 48 hours without a judge’s recommendation.