Domestic violence is a serious crime in Texas, and the amount of bond that is set for a domestic violence charge can vary depending on the severity of the offense. A domestic violence arrest can also have significant consequences for your employment, your immigration status, and your right to own a firearm — all of which can be affected before a conviction. In this blog post, we will discuss the factors that go into determining the amount of bond for domestic violence in Texas, as well as the average bond amounts for different types of domestic violence offenses.
As a former prosecutor, Lisa Shapiro Strauss has seen firsthand how magistrates set bond in domestic violence cases in Texas. She knows what factors carry the most weight — and how an attorney can argue for a lower bond amount or less restrictive conditions.
Domestic Violence Defined
In Texas, domestic violence is defined as an act by a member family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault. It also includes reasonable threats of violence as well. “Dating” violence is similar to family violence, but the act or threat of violence is directed against someone with whom the offender shared a dating relationship rather than a family or household member.
Domestic violence is a serious crime in Texas. Depending on the circumstances, a person arrested for domestic violence in Texas could be charged with a misdemeanor or felony offense. A guilty verdict could result in fines, jail time, or both.
Posting Bond for Domestic Violence in Texas
A bail bond is a contract between the court and the defendant in a criminal case: the court agrees to release the defendant from custody as long as the defendant agrees, in writing, to appear before the court when summoned.
Before they can be released to await their trial, a defendant often must pay a bail bond to ensure they will appear in court when ordered to do so. If the defendant shows up for court when they are asked to do so, the bail bond paid will be returned to them. If not, they lose the money they paid for bail and will probably have a warrant issued for their arrest.
Under Texas law, a magistrate must decide to grant a defendant bond with or without conditions, or deny them bail, no later than 48 hours after their arrest. In some circumstances, state law allows a person charged with domestic violence in Texas to be held without bail. If bail is denied, it must be done in accordance with the Texas State Constitution and other laws.
2025 Update: Posting Bond Does Not Mean Immediate Release
Effective September 1, 2025, Texas law (HB 2492) changed what happens after bond is posted in family violence cases. The previous law allowed authorities to hold a defendant for up to four hours after posting bond if there was probable cause to believe the violence would continue. That discretionary hold is now mandatory.
What this means in practice:
- After bond is posted, you will be held for a minimum of four hours before release.
- A magistrate can extend the hold for up to 48 additional hours if they find you pose a continued threat of violence.
- Extensions beyond 24 hours require the magistrate to also find probable cause that you committed the offense and that you have prior family violence arrests within the last 10 years.
If you or a family member has been arrested for domestic violence in Texas, contact an attorney before the bond hearing — not after release. The conditions set at that initial hearing will govern your case from day one.
Factors That Affect How Much Bond Is for Domestic Violence Charges in Texas
The amount of bail and any conditions of bail are regulated by the court, judge, magistrate, or officer taking the bail. Under Section 17.15 of Title 1 ”BAIL” of the Texas Code of Criminal Procedure, the following factors are considered when setting the amount to bond in a domestic violence case:
- Ensuring compliance with the court’s orders. Bail is set at a sufficient amount to ensure the defendant complies with the court’s orders and conditions, including appearing before the court at an ordered date and complying with any court-imposed restrictions.
- Bail is not being used as an instrument of oppression. While the amount of bail shall be sufficient to ensure the defendant complies with the court’s order, it should still be fair and reasonable. Both state and federal laws prevent the courts from using excessive bail to unjustly detain a defendant.
- The nature of the offense and the circumstances under which the offense was committed. The severity of the offense, the harm or potential harm to the victim, the weapon used, and other aggravating factors are taken into account. Generally, the courts assign higher bail amounts in cases that involve assault and other acts of violence.
- The defendant’s ability to make bail. The court will consider the defendant’s economic situation when determining the amount of bail. The amount of bail should be enough to ensure compliance but not so high that the defendant is forced to remain in custody.
- The future safety of the victim. This is especially important in cases involving domestic violence. In determining the bail amount, the court will assess the risk the defendant poses to the victim. Bail can be set at a higher amount or even denied if the court has reason to believe the defendant will cause further harm to the victim if released from custody. Read more about what happens if you can return home after a domestic violence charge. The court will almost always impose a no-contact order as a condition of bond in domestic violence cases.
- The defendant’s criminal history. In almost any criminal case, a defendant’s criminal history will play a major factor in setting a bond. The court will look at previous charges, pending charges, and the likelihood of committing new crimes if released on bail. Bail could be denied and the defendant returned to custody if the crime was committed while the defendant was out on bail for another crime. This is particularly relevant if you are charged with domestic violence while on parole — bond is likely to be denied or set very high.
- Citizenship status may also be considered. While not the sole factor for determining bail, the court may consider citizenship status, such as the risk of flight or the defendant’s availability for court appearances. The amount of bail set will be higher if the court considers the defendant to be at risk of flight to another country to avoid charges.
In these situations, the defendant’s ties to the community are taken into consideration as well. If the defendant has a strong support system in the community, such as a job, a home, and family members who will ensure that the defendant appears in court, the bond amount will generally be lower.
Average Bond Amounts for Domestic Violence Offenses in Texas
The average bond amounts for different types of domestic violence offenses in Texas are as follows:
|
Charge Type |
Typical Bond Range |
Key Factors That Affect Amount |
|---|---|---|
|
Misdemeanor domestic assault |
$500 to $2,000 |
First offense, no injury, no weapon, no prior criminal history |
|
Felony domestic assault |
$5,000 to $50,000 |
Bodily injury, prior convictions, use of a weapon, violation of existing protective order |
|
Aggravated domestic assault |
$10,000 to $100,000 |
Serious bodily injury, deadly weapon, strangulation, prior felony convictions |
|
Assault impeding breath (felony) |
$5,000 to $50,000 |
Choking or strangulation — treated as felony from first offense |
|
Continuous family violence (felony) |
$10,000 to $75,000 |
Multiple incidents within 12 months, prior arrests, flight risk |
It’s important to remember that these are general ranges. Every case is treated individually and your attorney can assist in reducing the amount of bond set. If you’ve been arrested on a domestic violence charge, the bond amount will be based on the various factors outlined earlier in this article.
Frequently Asked Questions About Bond for Domestic Violence in Texas
Speak to a Houston Domestic Abuse Lawyer About Your Case
If you have been arrested for domestic violence in Texas, you must speak with an experienced criminal defense attorney as soon as possible. Houston domestic violence lawyer Lisa Shapiro Strauss is here to protect your rights. A former DA turned criminal defense attorney, Lisa can help you understand the charges against you, the potential bond amount, and your options for defending yourself.
Everybody is innocent until proven guilty. Depending on the circumstances in your case, there may be many defense strategies that could result in reduced charges or even acquittal. Contact the law office of Lisa Shapiro Strauss at (713) 429-7310 to schedule a free, initial consultation with an experienced assault family violence lawyer.
