Page 14 - 2011 Guide to Family Violence Laws

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9
AFTER ARREST
When will the police release my
partner?
If he is taken into custody by the
police, they will inform him of his
rights, ask him if he wants to make
a statement, and set the conditions
for his release. The condition may be
a "promise to appear" (also called a
"PTA"), which means that he signs a
statement that he promises to show
up in court. Or, the condition could
be a bond, which is a specific
amount of money that he must pay
to get out. The amount of bond will
depend on the seriousness of the
crime with which he is charged, and
how likely it is that your partner will
show up in court. If the police
release your partner on a promise to
appear, he could be out in as little
as one-half hour. If he cannot pay
the bond, then he will remain in jail
until the court date.
When a defendant is unable to post
the bond set by the police
department, a bail commissioner
will review and possibly change the
bond set by the police. This might
mean your partner will be released
from jail immediately. In some
situations, the bail commissioner
can put conditions on your partner’s
release from jail. These conditions
are rules that tell what him he can
or cannot do when he is released.
For example, the bail commissioner
could release your partner on the
condition that he stays away from
you.
Can the police keep my partner
away from me after he is
arrested?
If the police or bail commissioner set
a bond and your partner doesn’t
have the money to pay it, then he
will stay in jail until he goes to
court.
If your partner has a right to be at
your house after he is released, then
the police cannot keep him away
from your house (see page 51 about
who has a right to live with you).
However, if a condition of his release
from jail is that he must stay away
from you or your home and he goes
to your home, then the police may
be able to arrest him for criminal
trespass or some other crime.
What do I do if I think he'll come
after me when he gets out?
Whether or not your partner has a
right to be at your house, it is
possible that he will try to hurt you
when the police release him. If you
think that he will come after you,
you may want to go to a place where
you and your child/ren will be safer.
If you do not know of a place where
you will be safe, call the local
domestic violence agency for help
finding a safe place.