The State of California, in response to increased incidents of domestic violence, instituted a stringent set of laws to protect the state’s intimate partners. For purposes of these laws, intimate partners include girlfriends, boyfriends, spouses, divorcees, cohabitants, and people who have children together. The partners may be heterosexual or homosexual.

When a person willfully, maliciously and repeatedly follows his or her intimate partner and makes a threat, intending to place that partner in fear, he or she will be charged with felony or misdemeanor counts of stalking. Depending on the classification, the punishment is up to one year in jail or prison and a $1,000 fine. If the defendant had a protective order issued against him or her by the victim and engaged in stalking the victim, the prison time would be two to four years. If the accused has a prior conviction for stalking or for infliction of injury, violation of a protective order or for making criminal threats and commits this offense, the penalty could be raised to a maximum of five years.

When an individual has been charged with stalking in California, state law prohibits the defendant from being released from custody before having a bail hearing. During this hearing, the judge will consider the defendant’s prior criminal background, whether he or she is a flight risk, whether the victim is at risk and the facts of the pending case to determine if the defendant should be released on his or her own recognizance (OR). The judge may also decide to increase or reduce the scheduled bail amount. When making this determination, the judge assumes that the defendant is guilty; therefore it is very important for the accused to retain a skilled criminal attorney from The Kavinoky Law Firm. A good lawyer can minimize any criminal penalties and try to persuade the court to reduce bail or release the defendant O.R.

Most domestic violence perpetrators are not released on their own recognizance so posting bail will likely be required. There are two main methods for posting bail: cash bail or a bail bond. Most people do not have enough money to post cash bail, but in the instance that the defendant does have enough money, he or she will pay the court and the money will be returned within 60-90 days after the case is resolved, so long as the defendant was present for all court appearances. However, if the accused failed to make even one appearance, the court has the power to forfeit the cash bond.

In most cases, the defendant obtains a bail bond in which he or she enters into a contract with a bail agent. A 10% fee is typically charged in exchange for the bondsman posting the full bail amount for the defendant. Additional collateral, such as a car or house, is typically required to secure the bond. As with a cash bond, a bail bond and collateral will be released if the defendant appears at court for all hearings at the conclusion of the case. The collateral will become the property of the bondsman if the defendant fails to appear.

California D.V. laws have harsh legal consequences, therefore an individual accused of stalking or another form of intimate partner abuse should retain an experienced criminal defense lawyer immediately. The attorney will aggressively fight all charges and work to minimize any penalties and ensure that the defendant’s rights are protected. Contact The Kavinoky Law Firm today and speak to a knowledgeable legal professional who can handle all aspects of the case.