Bail For Domestic Violence In Massachusetts

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State:
Multi-State
Control #:
US-00006DR
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Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

(a) Whoever commits an assault or assault and battery on a family or household member shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or both such fine and imprisonment.

The common question is which California domestic abuse crimes can be charged as felonies? Domestic violence (DV) is generally charged as a misdemeanor offense. However, sometimes, the district attorney will file DV as a felony when the incident caused an injury, involved a deadly weapon, or a child victim.

Charges of assault and battery on a family member are distinct from other charges of assault and battery under Massachusetts law. Domestic violence can be charged as either a felony or misdemeanor, but in many cases, these offenses have greater penalties than assault and battery on someone other than a relative.

An abuse prevention order is a court order. That means that only a judge can change the order. The person who requested the order can't change or end the order without contacting the court and asking the judge to change the order.

There are 8 ways to get a domestic violence case dismissed in California: Insufficient Evidence. Violation of Rights. Self-Defense or Defense of Others. Victim Recantation. Diversion Programs. Civil Compromise. Pretrial Motions. Prosecutorial Discretion.

As the victim in a domestic assault and battery case, you are not filing the criminal charges; that is in the hands of the District Attorney's Office. You can ask the District Attorney to drop the charges against the defendant, but ultimately it is the prosecutor's decision.

In Massachusetts, under MGL c. 265 s. 13A, assault and battery that causes serious bodily injury is a felony that carries up to 5 years in state prison and $5,000 fine.

A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.

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Bail For Domestic Violence In Massachusetts