In 2014, a man with a history of domestic violence was facing charges and released on bail a few short hours after his arrest. After posting bail, he and his wife were found fatally shot. This sparked a bill to be signed into law known as “Gwen’s Law.” This law required the courts to conduct an additional hearing to determine if bail should be granted to those who are arrested on domestic abuse charges and to determine if the alleged offender may cause further harm.
What is Gwen's Law?
Gwen’s Law mandates that a contradictory bail hearing be held prior to setting bail for a person charged with domestic abuse, battery, violation of protective orders, stalking, or any felony offense involving the use or threatened the use of force with a deadly weapon upon their family member, household member, or dating partner. The Code of Criminal Procedure establishes that the hearing must be held within five days, and the court will determine the conditions of bail or whether an alleged offender should be held without bail pending trial.
Who is Protected by Gwen’s Law?
Gwen’s Law is to protect victims of domestic abuse, but it does not establish the criteria that determine the level of threat in these cases. Courts have busy dockets that can make it difficult to hold these hearings, and although they need to be held within five days, that doesn’t include holidays or weekends. So if you are facing these charges and are awaiting a contradictory hearing, you may be waiting longer than you expect. Also, these delays and busy schedules result in some people being denied bail despite not actually posing any risk of being a danger to others. If you or a loved one is awaiting one of these hearings, contact a defense attorney to help with protecting your rights.
Legal Implications of Gwen’s Law
Gwen’s Law allows a judge to hold an additional hearing to determine the conditions of bail for the alleged offender. It’s essential that you do not go into a contradictory hearing without legal counsel. A lawyer is a tremendous advantage because they will be able to protect your rights and advocate for you.
The implications and penalties that come with Gwen’s Law for alleged offenders are:
- Electronic monitoring and devices
- House arrest
- Curfew
- Firearm restrictions
- Fines
- Restraining Orders
Violating the conditions of bail set by Gwen’s Law can result in:
- Revocation of bail
- Bench warrant
- Fines
- Jail time
Fighting Gwen's Law Charges: Your Rights and Options
Hiring a lawyer for your Gwen’s Law hearing cannot be overstated. This law is imperative to keeping families safe, but you want to ensure that your rights as a defendant are protected. Domestic violence incidents are highly emotional moments, and a responding officer has to gather all of the evidence and stories. Failure to do so is a violation of a defendant's rights, and an attorney will be able to help gather that evidence to prove innocence or lesser involvement. As a defendant, you have rights and options. Not everyone facing charges is guilty, and attending hearings and trials with the proper legal counsel is the first step to having your side of the story heard.
Facing Gwen's Law Charges? Don't Go It Alone | Dewey & Braud
Many cases are built on false accusations of domestic violence, and unfortunately, the state can proceed without a victim’s cooperation which means that rights are being violated. Gwen’s Law protects families, but to protect these victims, judges are quick to create distance for the alleged offender. You will need help gathering your belongings, modifying orders, petitioning for your release, and fighting these charges.
Don’t do it alone. Visit Dewey & Braud online or by calling (225) 953-8330 today to help you navigate these accusations before they upend your life irrevocably. Schedule your free consultation today.
