|Bail Bonds in the Family Court
What is a bail bond?
A bail bond is a written guarantee that a defendant will attend all
further Court proceedings. Bail is set by a court to make sure
that a defendant will appear and also to offer the community protection
if the defendant is considered dangerous. The more likely it is
that a person is dangerous or will not appear in Court when required,
the higher the bail will be.
What type of bonds are there?
There are four primary types of bonds: Signature or Own Recognizance
(sometimes called “OR”), Unsecured, Secured, and Cash Only.
How can bonds be posted?
Signature/Own Recognizance “OR”: The defendant signs a
bond order guaranteeing appearance for further proceedings.
Unsecured: The defendant signs a bond guaranteeing appearance
for further hearings with the understanding that if the defendant does
not appear, he/she will be responsible for paying the Court a designated
amount of money. In these instances a hearing officer may require
that a responsible third party, such as a relative, sign the bond.
Secured: The defendant must pay a designated amount of
money or provide the Court with security such as a title to property
worth at least as much as the ordered bond amount. The co-signer
and defendant must then sign a bond order guaranteeing the defendant’s
appearance for further Court proceedings.
Cash Only: The defendant and/or a co-signer must pay a
designated amount of money to the Court. The defendant and a co-signer,
if any, must also sign a bond order guaranteeing the appearance of the
defendant at further Court hearings.
When I sign a bond, what am I promising?
I am promising that the defendant will appear and that the defendant
will follow all conditions placed on him/her, such as no contact with
Who can post bond for a juvenile?
Any adult can post bond for a juvenile; however, the juvenile can only
be released to his/her parents or a guardian.
Where can I go to post bond and when?
Bonds for Family Court defendants must be posted at Family Court during
the regular business hours of 8:30 a.m. to 4:30 p.m., Monday through
If the person has been detained, where
can I go to pick up the person after bond is posted?
Defendants are only released from the facilities where they are being
detained; Gander Hill, Delaware Correctional Center, Sussex Correctional
Center, Stevenson House, etc. After the facility has received
an Order of Release from the Court, the defendant will be released,
and they can be picked up from that facility.
What can I do if I want the bond changed?
If you have posted bond and wish to change either the conditions or
the amount, you must file a Motion to Modify Bond. These motions
will be held for 10 calendar days and then taken to the appropriate
hearing officer for review. In some cases a hearing will be scheduled
and you will be notified in writing when to attend. In other cases
the hearing officer (a judge or commissioner) will make a decision based
on the motion without a hearing, and you will receive an order in the
When do I get my money back on a bond?
Bond money or property is released only after a case ends and a final
order is entered. You will receive a check from the cashier in
the mail or you may come to Family Court to pick it up.
What happens if the defendant does not show for court as