Family Violence Bail Bonds in Waco, TX

The hold before the bond

Even after bond is posted, release is not always immediate in a family violence case. Article 17.291 allows the head of the arresting agency to hold a person arrested in the prevention of family violence for up to four hours after bond has been posted, if there is probable cause to believe the violence would continue on immediate release.

That period can be extended for up to 48 hours, but only with a written authorization from a magistrate who concludes the violence would continue. If the extension runs past 24 hours, the magistrate also has to find probable cause that the person committed the current offense and, in the preceding 10 years, was arrested more than once for a family violence offense or was arrested for another offense involving a deadly weapon.

Nobody at the jail window will explain this well. It is not the bondsman stalling. It is a statute.

Emergency PRotective orders

Article 17.292 lets a magistrate issue an order for emergency protection after a family violence arrest, on the magistrate's own motion or at the request of the victim, the victim's guardian, a peace officer, or the prosecutor. The victim does not have to be present. No hearing is required for the order to issue.

The order is mandatory, not discretionary, when the arrest involves family violence that also involved serious bodily injury to the victim or the use or exhibition of a deadly weapon during an assault. A magistrate's order can prohibit committing family violence, communicating with the protected person in a threatening or harassing manner, going to or near their residence, workplace, business, or a protected child's school or child care, possessing a firearm, and tracking or monitoring their vehicle or property. The order also suspends any license to carry a handgun.

Under the current version of Article 17.292(j), the duration is set by statute with a minimum of 61 days and a maximum of 121 days. Violating the order is a criminal offense under Penal Code Section 25.07, not just a bond problem.

The question everyone asks: can he go home

Usually not, and not on the alleged victim's say-so. The emergency protective order and the bond conditions are court orders. The protected person cannot waive them by inviting the defendant back. Only the issuing court can modify the order, after notice to each affected party and a hearing, and only if it finds the order is unworkable and the change will not place the victim at greater risk.

That means someone needs a place to stay before release. Line that up before you post. Also plan for property: clothes, work tools, medication, and a vehicle may all be at an address the defendant is ordered to stay away from, and law enforcement escorts are sometimes arranged for retrieval. Ask the court, not us.

This is a genuine lawyer situation. A defense attorney can file to modify conditions. A bail agent cannot.

Bond conditions specific to family violence

Article 17.49 gives the magistrate a toolkit for family violence cases: staying away from specifically described locations, wearing a GPS monitoring device with a reimbursement fee, funding an electronic receptor device for the victim if the victim consents, and refraining from tracking the victim's property or vehicle or following them. Before imposing a stay-away condition, the magistrate has to give the alleged victim a chance to submit a list of locations.

Article 17.40 backs all of it up. At a hearing limited to whether a condition was violated, the magistrate can revoke the bond on a preponderance of the evidence and order the defendant back into custody. On revocation, the surety is discharged from future liability, so the premium already paid does not carry over to a new bond.

• Up to a four-hour hold after bond is posted, extendable by a magistrate
• Emergency protective order, mandatory in serious bodily injury or deadly weapon cases
• Firearm prohibition and handgun license suspension for the order's duration
• Possible GPS monitoring at the defendant's expense
• Violation of the protective order is a separate criminal offense

Getting the bond posted and the conditions straight

Break 'Em Out Bail Bonds at 254-400-2663 works family violence cases specifically and is used to walking families through the extra release conditions, and their collateral terms are always negotiable. That is worth knowing if property is the sticking point.

Chapman's Bail Bonds is the directory's primary recommendation for McLennan County and is a minute from the main jail traffic at 700 E. Waco Dr., open 24/7/365 with free notary and payment plans. The premium on a surety bond is customarily around 10% of the bond, up to roughly 15% where the risk is higher.

Call Chapman's at 254-855-9885, ask specifically what the magistrate ordered, and write it down before anyone leaves the building.