Bail Denial After Bond Violation

If you are on bond you are expected to follow all the conditions of bond. Failure to do so may mean you get arrested again, have your bond revoked, and in some cases you may not be entitled to have a new bond amount set.

In Texas, a judge or magistrate may deny bail to a defendant accused of violating a bond condition related to family violence in several situations.

• If a person violates a bond condition that was set in a family violence case, including those related to victim and community safety, and their bail in that case, or in the related family violence case, is revoked or forfeited, they may be taken into custody and denied release on bail pending trial or other court proceedings. This applies if a judge or magistrate determines by a preponderance of the evidence that the person violated a condition of bond related to family violence."Family violence" is defined by Section 71.004 of the Family Code.
• A person who violates a condition of bond that was set in a family violence case that does not relate to a condition of bond may be taken into custody. A judge or magistrate may deny them release on bail pending trial or other court proceedings if they determine by a preponderance of the evidence that the person committed the offense.
• A person who violates a protective order by going near a place described in the order or condition of bond may be held without bail. This only applies if a judge or magistrate determines by a preponderance of the evidence that the person went to or near the place with the intent to commit or threaten to commit family violence, or an act in furtherance of an offense under Section 42.072 of the Penal Code.
• In addition to the circumstances above, when deciding whether to deny release on bail, a judge or magistrate may consider several factors, including:
• the order or condition of bond
• the nature and circumstances of the alleged offense
• the relationship between the accused and the victim, including the history of that relationship
• any criminal history of the accused
• any other facts or circumstances relevant to determining whether the accused poses an imminent threat of future family violence

Finally, a person arrested for committing an offense under Section 25.07 of the Penal Code, which pertains to the violation of certain court orders or conditions of bond related to family violence, must be taken before a magistrate without unnecessary delay and after reasonable notice is given to the attorney representing the state, but no later than 48 hours after the person is arrested. The magistrate will then conduct a hearing and determine whether to deny bail.

"COCP 2024.pdf", Art. 42A.001(1) "PENALCODE.pdf", Sec. 25.07

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