Sometimes a restraining order against you can seem unfair. Even when you disagree with the order, you should abide by its terms. Otherwise, you risk facing legal trouble. Judges in San Diego review cases and grant bail to eligible defendants. Bail facilitates pretrial release while you await your trial, serving as a guarantee that you will appear in all required court proceedings. The court will hold the amount you deposited and refund it once your case is closed, provided you have followed the terms of your release. Alana's Bail Bond understands the financial burden that an arrest can put on you and your family. We can review your case and offer you affordable bail bond services, allowing you to return to work and reunite with your loved ones promptly.

Defining Restraining Orders

Also known as a protective order, a restraining order is a court-issued order designed to safeguard a protected party from a restrained party. It can safeguard against physical abuse, threat of violence, physical abuse, or harassment.

The restraining order can entail conditions for:

  • Personal behavior orders that halt you from committing conduct like making calls, destroying personal assets, harassing, or assaulting the victim
  • A stay-away order that requires you to stay away a particular distance from the victim or their home, work, or children
  • A residence exclusion order requires you to relocate from your home.

The law recognizes the different forms of restraining orders that safeguard against civil harassment, workplace violence, elder abuse, and domestic violence.

A judge grants the domestic violence restraining order when the restrained party has a close relationship with the protected party. The close relationship refers to the involvement of parties who are divorced, married, domestic partners, reside together, or family members.

The protected party can request the elder abuse restraining order when they are above sixty-five and are a victim of neglect, deprivation, abuse, or physical injuries by their caregiver.

An employer can request a workplace violence protective order to safeguard you from immediate danger, abuse, or credible threats of violence at your workplace.

The protected party can request the judge to grant a civil harassment protective order if the restrained party has threatened, stalked, harassed, or abused them and they do not have a close relationship.

How Long Can a Restraining Order Last?

A protective order can last up to five years from when the court issued it.

A temporary restraining order can last anywhere from a few days to a couple of months. Judges issue them before the permanent restraining order is issued.

Emergency protective orders generally last up to seven calendar days or five court days. Law enforcement can issue them in domestic violence cases when they think the victim requires prompt protection from somebody else, call a judge, and obtain approval for the protective order.

Restraining Order Violation

Violating your protective order is a serious offense. To prove a restraining order violation, the prosecution must establish:

  • The court legally issued you a restraining order
  • You knew the order
  • You were capable of complying with it
  • You deliberately breached it

A PC 273.6 violation is a California misdemeanor that carries a potential jail term of up to one year and a fine of $1,000.

Bail for Violation of a Restraining Order

After breaching the protective order against you, the judge has the discretion to decide whether to release you on bail. The judge considers your case facts, criminal history, and your conduct when deciding. If the judge grants bail, they will allow you to post it, but with a restraining order in effect, and you should not breach its requirements. The court could also require you to frequently check in with your bondsman to update them on your whereabouts.

Bail is the amount you post with the court as a guarantee that you will attend scheduled court hearings after your pretrial release. If you abide by the imposed release conditions, the court will exonerate your bail and refund the amount to the person who posted it. Nevertheless, if you fail to appear, the judge will forfeit the amount.

The judge sets the bail amount during an arraignment. The judge considers numerous factors, including whether there exist victims, whether you injured or harmed the victim during the violation, and your criminal history.

Moreover, the judge will consider whether you are a flight risk (whether you can flee the jurisdiction to evade prosecution). If the judge deems you a flight risk, they will set a high bail amount and try to encourage you to attend your court hearings. The judge determines whether you are a flight risk by the strength of your community ties and whether you have a history of evading law enforcement.

Here are different ways of posting bail:

  • Cash bail—It is the most straightforward method of posting bail. It involves paying the entire bail amount to the court. Provided you made all court appearances, the court will refund the amount once your criminal case is closed to the person who posted it.
  • Using a bail bondsman—If you cannot afford to raise the set bail amount, you can turn to a bondsman for help. The bondsman will post surety bonds as a guarantee to the court that you will comply with your release conditions. Before posting the surety bonds, the bondsman will require you to pay them ten percent of your bail amount. If you skip bail, the court will hold the bondsman financially liable and require them to pay the entire bail amount. To avoid making losses, the bondsman will use bounty hunters to find and return you to jail. They can also seize the asset you used as collateral.
  • Property bond—It involves using the equity interest in your asset to guarantee your court appearance after your pretrial release. The value of the equity should be twice your bail amount. To obtain a property bond, your asset must have been recently appraised, asset equity must be professionally estimated, and liens must be disclosed.

Applying for Restraining Order Violations Bail Bonds

The section below outlines what to expect, helping you set realistic expectations and streamline the process.

  • Consulting your bail bond company — During your initial consultation, your bondsman will collect key details about the defendant. The meeting helps the company determine whether you will be required to appear in court and assess the risk associated with posting a surety bond. Be sure to submit the correct details to ensure the process is smooth.
  • Pay the required fees —The bondsman will charge a nonrefundable premium, often a portion of the full bail amount. Some companies have hidden charges. Therefore, it is essential to know the financial responsibilities beforehand to avoid future financial surprises.
  • Providing collateral—Your bondsman can request collateral. The bondsman will liquidate your collateral if you fail to adhere to your release conditions. Collateral can be any valuable asset, including real property, jewelry, and motor vehicles.
  • Legal documentation and paperwork—Before securing your bail bonds, the bail bonds firm will require you to sign different forms, including an indemnity agreement, a collateral agreement, and a bail bonds contract. The paperwork highlights the terms of your restraining order bail bonds, the duties of a cosigner, and collateral requirements. Please read to understand the documents and ask for clarification before signing the paperwork.

How Long Does it Take to Be Released from Detention after Posting a Restraining Order Violation Bail Bonds?

While your bondsman can strive to ensure prompt bail bond services, numerous factors influence the duration it takes to secure a release. This includes where you were arrested, the alleged criminal charges, the holding jail, and the criminal case facts.   

If you begin the bail bonds process immediately, the suspect is arrested, your bondsman can post bail promptly. Nevertheless, if the defendant is held in a huge, busy jail with a backlog of defendants awaiting release, the release duration might be longer, depending on when you contact your bondsman.

Here are things you can do to speed up your loved ones' release:

  • Contact a bail bonds company once you learn of your loved one's arrest. The bondsman can guide you throughout the process and answer your questions.
  • Collect as much information about the defendant as possible, including their full name, birthday, address, the alleged crime, the set bail amount, and where they are held. Call your bondsman anyway, even if you do not have the details. The bondsman will use the details you have to locate your loved one.

Please ensure the information you provide to the bondman is accurate. Errors such as incomplete documentation, incorrect addresses, and false employment details can delay your release process or even result in bail denial. You could also face legal trouble if the court discovers you intentionally presented wrong information.

Benefits of Using Restraining Order Violations Bail Bonds

Here are some of the reasons you might want to partner with a bail bonds company after your arrest:

  • Financial help —If the set bail amount is too high for you to afford, you can consider working with a bondsman to secure your release. You will pay only ten percent of your bail amount before the bondsman posts your surety bond. Most companies accept different payment options and offer financing plans.
  • Your bondsman can assist you with relevant paperwork and collecting documentation, making the process seamless and efficient.
  • A bondsman is well-versed with the bail bond process and can work through it fast, and expedite your release from police custody.
  • Typically, a seasoned bondsman works closely with jails, courts, and law enforcement agencies, such as the police. Therefore, they have connections that could benefit you when navigating the criminal justice system.
  • Navigating the criminal justice system is personal and stressful, and the last thing you want is for the details of your restraining order violation case to become public. A reputable bondsman will handle your information professionally and discreetly, in accordance with applicable legal requirements.
  • Seasoned bail bonds firms are available 24/7 and can help you secure your release or answer your questions. Whether it is the weekend or the wee hours of the night, established firms are a call away.

What to Do after Your Release

Securing a pretrial release is a privilege you should not take lightly. You are under the supervision of law enforcement and should follow your restraining order restrictions to maintain your freedom while awaiting your trial. For instance, you should avoid any communication with the protected party even when they reach out to you. 

Being released does not mean the court has resolved your criminal case. It only means you are free from police detention while your criminal case is in progress, and you are required to attend all court proceedings. Unless your case is resolved through a plea bargain, it will be scheduled for trial. Regardless of the case outcome, you should make court appearances. Jumping bail can result in the forfeiture of bail and revocation. One practical way to avoid missing your court dates is to set reminders on your calendar.

You should also communicate regularly with your lawyer. Submit to them the contact details and documents they request. Be honest about the circumstances surrounding your case. Open communication allows the attorney to develop the most effective legal defenses, negotiate with the prosecutor, and file relevant motions.

You should also adhere to any payment plan requirements as agreed upon, even after your release. Otherwise, it could lead to bail bond revocation. 

When posting bail, you will depend on a cosigner to pay the required premium. The cosigner might also have put up an asset as collateral. After your release, you should maintain open communication with the cosigner to ensure you are on the same page. The cosigner might be seeking assurance that you are complying with your release conditions. 

Find a Compassionate Bail Bondsman Near Me

Courts in San Diego take restraining orders seriously, and a violation can result in your arrest. A violation can be making an in-person contact, being within the banned distance of the protected party, or making a phone call. When facing these criminal charges, the judge will set your bail amount, which can sometimes be too high depending on different factors. Navigating the bail process requires an in-depth understanding of the law and the potential penalties for violating a restraining order. Alana's Bail Bond can guide you through the process and answer any questions you may have. We can also ensure your prompt release from custody. Please contact us at 619-468-9333 to schedule your initial consultation.