There are certain kinds of charges and cases where areas like bail bonds might be a bit more nuanced than otherwise, and one example here in some situations is that of domestic violence. There are strict laws around domestic violence, including those that may involve felony charges levied against individuals.

At Beehive Bail Bonds, we’re here to offer 24/7 bail bond services to clients across Utah, and we also provide important information on cases like these. Let’s walk through a basic definition of what domestic violence actually is, plus why it’s a bit more nuanced than certain simple charges, and the elements that may impact your ability to obtain bail and a bail bond if you’ve been arrested on such a charge.

Defining Domestic Violence

While any kind of violence against another person is a serious crime that will come with heavy potential punishments, domestic violence is particularly legally defined as those specific acts of violence that occur between family members or between current or past romantic partners. This is the case regardless if there’s an order of protection in place or not.

It’s important to realize that “acts of violence” don’t always only mean physical acts, either. Domestic violence can also include threats, stalking, and even psychological abuse.

And depending on the particulars of the case, there may be a variety of charges levied in domestic violence arrests. Some of the most common include assault, battery, criminal threats, endangerment and in some cases even kidnapping.

Bail Is An Option – Sometimes

One of the areas where domestic violence arrests are more nuanced than some other types is with regard to whether bail and bail bonds will be made available or not. It’s important to keep in mind that domestic violence charges can involve a variety of elements, and depending on the specifics of the case, you may be able to get bail – or it could be denied entirely.

In some cases, a certain amount of bail will be set but with added stipulations attached. For example, while the defendant is out on bail he or she may be subject to things like monitoring devices and even curfews.

In other cases, no bail will be offered, particularly if the defendant is seen as a flight risk or an active danger to another person. In some cases, bail could even be revoked after it’s been granted and the person released on bond.

Stipulations for Bail

In Utah, for cases where a judge does decide to make bail available to the person being charged, a couple specific stipulations will be in place:

• Eligibility: Firstly, the state places restrictions on when bail and bail bonds can be obtained in domestic violence cases. Those arrested for these charges only become eligible for bail at the end of the first court day following their arrest, meaning they will likely have to spend some time in jail.
• Contact: While waiting for a release on bail, it is expressly illegal for the accused to contact the victim in the case. If such contact does take place, an additional Class B misdemeanor will be added to the charges (and bail will almost certainly not be granted).

Factors a Judge Will Consider

When deciding whether or not to allow bail and bail bonds to be posted for a given domestic violence case, a judge will take the following variables into account:

• Accused history: Any history of violence or criminal activity on the part of the accused is a major factor in deciding whether or not bail will be allowed at all. If the accused has a prior history of being arrested for such cases, this is a major point against them.
• Assault severity: The more severe the assault in question, the less likely it is that bail will be granted. Judges will look at how extreme the violence was, as well as if any weapons were used or threats made with intent to harm or even kill the victim.
• Victim safety: The safety of the victim is a major concern when deciding on bail eligibility in domestic violence cases. If the accused is deemed to be an immediate risk to the person they are accused of assaulting, then no bail will likely be granted.
• Flight risk: Another major consideration when it comes to bail eligibility is the likelihood of flight. If the accused is deemed to be a risk to flee the area or even leave the country, bail will almost certainly not be allowed.

If you have any questions or concerns about Utah domestic violence charges and whether or not bail might be available in your case, it’s best to contact professionals like our team at Beehive Bail Bonds. We can provide you with the expertise and advice necessary to make sure that you are properly informed of your rights and options in the case.