
It sounds as if your husband violated penal code 278.5 if he did not have a right to custody and abducted your child. If convicted, he committed a felony offense. In terms of whether or not he will get out of jail, the judge will take a look at his case in order to decide what might happen. Your husband has most likely been consulting with a defense attorney who will work very hard to ensure that your husband gets out of jail while he awaits his trial. If you truly believe that you and your child could be in danger if your husband gets out of jail, then you need to call the courts or jail (or both), and ask to speak with a prosecutor or a pre-trial program representative. You should try to speak with whomever you can when you call.
In most cases, after a person is booked, they are held for at least a few hours. Most of the time, the person will be held at least until the follow business day if they are booked in the evening. You may not have much time to find someone to hear your story, so you might have to scramble. However, the chances are fairly good that a judge will grant bail unless he hears your side of the story. Bail will usually be about $40,000 in this situation.
However, the judge will also take other factors into consideration when he is determining whether or not to grant bail. For example, if you are able to reach him or a prosecutor, the judge will certainly take your considerations into account. The judge will also look at the nature of the crime that your husband is accused of committing. He will want to know if your husband used violence to take your child or if they child was abused while your husband had him or her.
The judge will also look at a past criminal history, if there is one. In your situation, the judge may even take the time to review the circumstances surrounding your divorce. If the divorce was a result of domestic abuse or some other penal code violation, the judge will certainly take that into consideration when he sets bail or decides to deny bail.
The best thing that you can do in this situation is to wait and see what the judge says. Do your best to contact the judge or court representatives in order to express your concerns. If you learn that your ex husband will be released on bail, then make sure you go to a safe place where he cannot find you if you believe you could be in danger. Alert the police to the situation as well. The bail bonding agency that he uses to make bail will do their best to ensure that he goes back to court to stand trial for the abduction and the trial will probably be a few weeks away.