How to Get a Bail Bond in Domestic Violence Cases

How to Get a Bail Bond in Domestic Violence Cases in NC

Facing a domestic violence charge is an incredibly difficult experience, both for the accused and their loved ones. The process can be confusing and intimidating, so if you or someone close to you has been arrested for domestic violence, learn about the bail process to reduce stress and ensure a swift release from jail.

What Is Considered Domestic Violence in North Carolina?

Domestic violence is a criminal act perpetrated against a spouse, current or former romantic partner, family member, or someone living in the same household. Consult a domestic violence lawyer to understand the specific charges against you.
Some prevalent offenses related to domestic violence include:

  • Assault: Physical attacks causing harm or fear of harm
  • Battery: Unlawful physical contact or use of force
  • Stalking: Repeatedly following or harassing someone, causing fear
  • Harassment: Unwanted behavior causing emotional distress
  • False imprisonment: Restricting someone’s freedom of movement without legal authority
  • Kidnapping: Forcibly taking or restraining someone against their will
  • Sexual abuse: Any non-consensual sexual act
  • Child abuse: Physical, emotional, or sexual abuse directed at a minor
  • Elder abuse: Physical, emotional, or financial abuse directed at an elderly person, particularly if the abuser is in a position of trust or care

Legal Rights for Domestic Violence Defendants

As a defendant, you have certain legal rights that protect you throughout the process. Working with a domestic violence attorney is the first step to ensuring these rights are respected.
The most prominent rights of domestic violence defendants include:

  • The right to be presumed innocent until proven guilty
  • The right to an attorney
  • The right to a fair and impartial trial
  • The right to present evidence in your defense
  • The right to be free from unreasonable searches and seizures

The Procedure for Bail Bonds in Domestic Violence Cases

The bail process for domestic violence cases in North Carolina follows several steps:

  • Arrest and booking: Following an arrest for domestic violence, the accused is taken to a local jail, where the booking process begins. This includes recording personal details, taking fingerprints, noting the charges, and gathering other pertinent information.
  • Initial court appearance: Within 48 hours, the defendant will have an initial appearance before a judge, who will set the bail amount based on the severity of the charges, the defendant’s prior criminal history, and the likelihood of fleeing.
  • Posting bail: If the judge sets bail, you can secure your release by paying the full amount or obtaining a bail bond through a licensed bail bondsman. Bail bonds are often preferred, especially when the bail amount is high. Note that in domestic violence cases, defendants are usually put on a 24-hour hold before being permitted to post bail.
  • Release: Once the bail is posted, the defendant is released from jail and expected to return on all future court dates. Failure to appear results in further penalties and may require the bondsman to locate the defendant and bring them back into custody.

How to Get a Domestic Violence Bail Bond in North Carolina

Securing a bail bond is usually the best option when faced with a high bail amount. Here’s what the process entails in North Carolina:

  • Determine the bail amount: Bail could be set as low as $500 to $1,000 for minor first offenses. Repeat or severe offenses lead to far higher amounts or even denial of bail.
  • Contact a bail bondsman: Once bail is set, call a reputable bail bondsman for help. This licensed professional will post bail on your behalf for a fee totaling 10% to 15% of the full amount. For instance, if bail is set at $5,000, expect to pay $500 to $750 to secure a bond.
  • Sign the bail agreement: This contract states that the defendant will attend all future court dates or be liable for the full bail amount.
  • Release from custody: With the paperwork and payment complete, the bondsman posts bail, and the defendant is released from jail. They are free to return home and begin preparing for court appearances.

Ready to Secure Your Release? We’re Here to Help

Time is of the essence when securing your release or that of a loved one facing a domestic violence charge. 1st Choice Bail Bonding & Surety is the best option for getting you back home and back on track because we accept down payments as low as 3% on most bonds. We have over 20 years of experience and multiple locations across Concord, Salisbury, and Gastonia, NC, to better serve you. Our goal is to build lasting relationships with our clients, so we offer flexible solutions if you need assistance rescheduling a missed court date. Our team is available 24/7, and we respond in 5 minutes or less, so don’t wait another moment—contact us today!