A domestic violence arrest in Licking County often moves more slowly than other bonds, because Ohio sends many of these cases to a judge before anyone can post. Harvey Handler Bail Bonds writes domestic violence bail bonds once the amount is set, and we explain the rules that come with release so nobody breaks them by accident.
The general meaning of each bond code is on our bond types and codes hub. What follows is written for the relative or friend trying to bring someone home after a domestic charge.
Why the person may have to see a judge first
Ohio has a special bail rule for offenses of violence against a family or household member. Under R.C. 2919.251, the person charged must appear before the court to have bail set if any of these is true:
- They were already under a protection order or consent agreement, or have an earlier domestic violence conviction or a similar violent offense against a family member.
- The officer's report describes visible injury to the alleged victim.
- The officer believes the person had a deadly weapon at the time.
- The officer believes the person poses a credible threat of serious harm if released.
So even when a bail schedule exists, a domestic violence entry on the Active Inmate Listing may sit with no amount until the hearing. The court can hold it by video. For a misdemeanor, the judge may decide an appearance is not practicable and release the person on the schedule or on a 10% deposit or surety bond instead.
Before setting bail in these cases, the judge must weigh a list of factors set out in that statute, including any history of violence, access to weapons, the severity of the incident, whether the couple recently separated, and the person's history of following court orders. Those factors can raise the amount or add conditions.
Municipal or Common Pleas: where a domestic case is filed
The charge level decides the court. A first domestic violence charge is usually a misdemeanor, filed in the Licking County Municipal Court, whose clerk works out of the City Building on West Main Street. A domestic violence charge becomes a felony with certain prior convictions (R.C. 2919.25), and a felony-level domestic case is sent up to Common Pleas, the county's felony trial court on the square in Newark.
On the listing, misdemeanor cases appear to carry docket numbers with "CRB," and felony cases carry "CR" with notes such as "AWAIT CPC INDICTMENT." Strangulation is a felony at every level under R.C. 2903.18, so when it is charged with domestic violence the whole case tends to follow the felony route. Our felony bail bonds page covers that path.
Protection orders become part of the release
In many of these cases a temporary protection order is requested right away. Under R.C. 2919.26, the alleged victim, the complainant, a family or household member, or in an emergency the arresting officer can ask for one. The court has to hear that motion within 24 hours of its filing, so the order is usually in place by the time bond is posted. The order lasts until the criminal case ends or a civil protection order replaces it, and it acts as a condition of release in addition to the bond.
Ohio's pretrial statute also lets a judge regulate or forbid contact with the alleged victim and limit where the person lives (R.C. 2937.011, division (D)).
What that means at home
Once released, the person must follow the order exactly, even if the protected person invites contact. Contact includes calls, texts, social media messages and messages passed through friends or children. A violation can bring a new charge and can cause the bond to be revoked, which puts the person back in the Justice Center and can make a new bond harder to get.
Practical points to sort out before release:
- Where the person will stay if the order keeps them out of the home.
- How they will get clothing, medication and work items. Ask the court or the defense attorney how retrieval is handled; do not arrange it informally.
- Who will drive them to court dates and to any assessment the court orders.
- How the family will communicate about shared children without breaking the order.
If you are the person who was harmed
This page is written for families posting bond, but if you are the alleged victim, the Licking County Sheriff's Office has a Victim Advocate at (740) 670-5545. A protection order exists to protect you. We will never ask you to contact the person charged or to change your statement.
Posting the bond
Once the domestic charge carries a dollar amount and a surety-eligible code, we can guarantee the whole bond. The premium comes from our state-approved rate filing. You will see the dollar figure, any expense fee and the payment options on paper before you commit. Our fees page explains each piece.
Whoever signs our agreement as indemnitor promises that the accused will show up for every hearing. In a domestic case, think carefully before a protected person signs as indemnitor, since the role involves regular contact about the case. What an indemnitor agrees to explains the commitment.
The release papers in a domestic case usually include the protection order itself; our guide to every document from booking to release shows where each one comes from.
Questions families ask
Why can't I bail someone out right away after a domestic violence arrest?
Ohio often requires the person to see a judge before bail is set when the alleged victim is a family or household member and there is a prior order, a prior offense, visible injury, a weapon or a threat. Until that hearing, no amount may appear on the listing.
Can the alleged victim post bond or sign for the person?
The law does not bar it, but a protection order may limit contact between them, and signing as indemnitor involves ongoing contact about the case. Many families choose a different relative to sign.
What happens if the person breaks the no-contact order while out on bond?
Violating a protection order is a separate offense, and the court can revoke the bond. The person can be returned to jail and may face a higher bond or no bond on the new charge.
How long does a temporary protection order last?
It stays in place until the criminal case is resolved, or until a civil protection order or consent agreement covering the same conduct is issued.
Is domestic violence always a misdemeanor in Ohio?
No. Many first offenses are misdemeanors, but the charge can become a felony with certain prior convictions, and related charges such as strangulation are felonies.
Call about a domestic violence bond
Reach Harvey Handler Bail Bonds at (740) 558-8070. Let us know if the domestic charge has an amount yet and whether anyone has mentioned a protection order, and we can lay out the steps left before release. The office is at 58 S 2nd St, Newark, OH 43055; please call before stopping by.
We post bonds. A defense lawyer is the right person for questions about the charge or about changing the protection order.