What California Considers Domestic Violence
Under California Penal Code (PC) §13700, the criminal-law definition of domestic violence generally concerns abuse involving specified relationships. California law typically covers abuse involving:
- A current or former spouse
- A current or former cohabitant
- A person with whom the accused has a child
- A current or former dating relationship
- A current or former engagement relationship
Not every family disagreement, argument, or police call automatically constitutes a domestic-violence crime. Whether a crime has occurred is determined by law enforcement, prosecutors, and courts based on the specific facts and applicable law.
Source: California PC §13700 — California Legislative InformationExamples of Incidents That May Lead to a Domestic-Violence Arrest
The following are illustrative hypothetical scenarios. Not every police response to a domestic dispute results in an arrest, and not every arrest results in the same charge. Whether a crime occurred is determined by law enforcement, prosecutors, and courts based on the specific facts and applicable law. An arrest is not a conviction.
An argument with an allegation of physical contact but no visible injury
A dispute escalates and one party alleges that physical contact occurred. A visible injury is not required for an arrest or charge under PC §243(e)(1) (domestic battery). Law enforcement may make an arrest based on probable cause even when no injury is apparent.
An allegation involving a traumatic injury
One party alleges that a physical injury resulted from the other party's conduct. When a traumatic condition is alleged, the charge may be filed under PC §273.5 (corporal injury to a spouse or cohabitant), which is a wobbler that may be charged as a misdemeanor or felony.
Threats of serious harm
One party alleges that the other made a threat to commit a crime that would result in death or great bodily injury, communicated in a way that caused reasonable fear. This may support a criminal threats allegation under PC §422.
An alleged protective-order violation
A person subject to an existing protective order is alleged to have made contact with the protected person or violated another term of the order. A knowing and intentional violation may support a charge under PC §273.6.
A domestic dispute witnessed by a child
Law enforcement responds to a domestic incident and a child is present. Depending on the alleged circumstances, additional charges such as child endangerment under PC §273a may be considered alongside any domestic violence allegations.
An allegation involving damaged property or interference with a request for help
One party alleges that the other damaged property, prevented them from calling for help, or otherwise interfered with their ability to seek assistance. These allegations may support additional charges such as vandalism or witness intimidation depending on the specific facts.
Common California Domestic Violence Charges
The table below summarizes common charges associated with domestic violence arrests in California. Enhancements, prior convictions, and other laws may affect the actual outcome. An arrest or accusation is not a conviction.
| Code | Charge | Classification | Possible Statutory Range |
|---|---|---|---|
| PC §243(e)(1) | Domestic battery | Misdemeanor | Up to 1 year in county jail and/or a fine up to $2,000. A visible injury is not required. |
| PC §273.5 | Corporal injury — intimate partner | Wobbler | Misdemeanor: up to 1 year in county jail. Felony: 2, 3, or 4 years in state prison. Depends on alleged circumstances and prosecutor's decision. |
| PC §422 | Criminal threats | Wobbler | Misdemeanor: up to 1 year in county jail. Felony: 16 months, 2, or 3 years in state prison. |
| PC §273.6 | Violation of a protective order | Misdemeanor (first offense); may be felony for repeat or aggravated violations | First offense: up to 1 year in county jail. Repeat or aggravated violations may be charged as a felony. |
| PC §646.9 | Stalking | Wobbler | Misdemeanor: up to 1 year in county jail. Felony: 16 months, 2, or 3 years in state prison. Enhanced penalties may apply when a protective order is in effect. |
| PC §273a | Child endangerment (related allegation) | Wobbler (§273a(a)); Misdemeanor (§273a(b)) | §273a(a): up to 1 year in county jail or 2, 4, or 6 years in state prison. §273a(b): up to 6 months in county jail. |
Related Allegations
A domestic violence incident may also involve additional allegations. These do not occur in every case and depend on the specific facts alleged.
Possible Consequences Beyond Jail
Beyond custody and fines, a domestic violence conviction may carry additional consequences depending on the specific charge, the individual's circumstances, and applicable law. The word "may" is used throughout because these consequences do not apply identically in every case. An arrest or accusation is not a conviction.
Protective orders
A court may issue a criminal protective order (CPO) at arraignment or at other stages of the proceeding. A CPO may restrict contact with the protected person, require the defendant to stay away from specified locations, and impose other conditions. Only the court can modify or terminate a protective order. Violating a protective order may result in new criminal charges.
California Courts — Protective OrdersFirearm restrictions
A conviction for certain domestic violence offenses may prohibit a person from possessing or purchasing firearms under California and federal law. California Penal Code §29805 and the federal Lautenberg Amendment (18 U.S.C. §922(g)(9)) may apply to misdemeanor domestic violence convictions as well as felony convictions.
PC §29805 — Firearm restrictions after domestic violence convictionProbation and batterer intervention programs
A domestic violence conviction may result in a period of formal probation and a requirement to complete a state-certified batterer intervention program (BIP). California Penal Code §1203.097 sets minimum probation conditions for domestic violence convictions, including a 52-week BIP.
PC §1203.097 — Domestic violence probation conditionsImmigration consequences
A domestic violence conviction may have immigration consequences, including potential deportation, inadmissibility, or denial of naturalization. Non-citizens should consult an immigration attorney as early as possible.
Family-court consequences
A domestic violence arrest, conviction, or protective order may become relevant in an existing or future divorce, parentage, custody, or visitation case. A family-law judge may consider admissible evidence and applicable child-safety laws when making custody or visitation orders. An arrest does not automatically cause a parent to lose custody, but it may be a factor the court considers.
California Courts — Child Custody Self-HelpWhat Happens After a Domestic Violence Arrest
The following is a general overview of the arrest and booking process. Procedures vary by county, facility, and the specific circumstances of each case.
- 1
Investigation and arrest
Law enforcement responds, investigates, and may make an arrest when legally authorized. When immediate protection is believed necessary, a law-enforcement officer may ask an available judicial officer to issue an Emergency Protective Order (EPO). If granted, the order may be served at the scene or during the arrest and booking process.
- 2
Booking and identification
The defendant is transported to a jail or detention facility, photographed, fingerprinted, and processed. Personal property is inventoried.
- 3
Review of warrants, holds, and release eligibility
The facility reviews available records for outstanding warrants, court-ordered holds, probation or parole matters, and other legally applicable restrictions that may affect release eligibility.
- 4
Bail determination, when bail is legally available
Bail may be set according to the county bail schedule. A judge may review bail at arraignment and may increase, decrease, or deny bail based on the circumstances.
- 5
Possible Emergency Protective Order
An Emergency Protective Order is a short-term order issued by a judicial officer after a request from law enforcement when immediate protection is believed necessary. An EPO may be requested 24 hours a day and generally remains effective for only a short period, allowing time for the protected person to seek additional court orders. The defendant must comply with all terms of any protective order.
- 6
Transfer to a county detention facility, if applicable
The defendant may be transferred from a local holding facility to a county jail.
- 7
Bail posting or continued detention
If bail is available and a bail bond is arranged, the defendant may be released subject to the conditions of the bond and any court orders.
- 8
Arraignment and possible Criminal Protective Order
An arraignment is usually the defendant's first court appearance. The defendant is informed of the charges that have been filed and of important legal rights and may be asked to enter a plea. The judge may also review custody or release issues and issue or modify a Criminal Protective Order (CPO).
Source: California Courts — The Arraignment - 9
Future court appearances and release conditions
The defendant must appear at all scheduled court dates and comply with all conditions of release, including any protective orders.
There is no single release timeline that applies to every California domestic violence arrest. Release may be affected by booking procedures, the alleged charge, warrants, other holds, bail eligibility, judicial review, protective orders, medical clearance, staffing, and the policies of the holding facility.
Domestic Violence Bail
Initial bail amount: When bail is available, it is initially set according to the county bail schedule for the specific charge. Bail schedules are set by each county's superior court and are subject to change.
Judicial review: A judge may review bail at arraignment and may increase, decrease, or deny bail based on the alleged circumstances, the defendant's criminal history, flight risk, danger to the community, and other factors.
No-bail status and holds: In some cases, bail may be unavailable or another valid warrant, court order, probation or parole matter, or legally applicable hold may prevent release even after a bond is presented. Eligibility must be confirmed with the holding facility and, when necessary, the appropriate court.
Cash bail vs. bail bond: A defendant or family may pay the full bail amount in cash directly to the court or jail, or use a licensed bail-bond agency. A licensed bail-bond agency charges the premium rate filed by its surety company with the California Department of Insurance. The cost to the consumer is most commonly 10% of the total bail amount, although the applicable filed rate, legally approved discounts, and other transaction terms should be confirmed in writing.
Bail-bond premium and agreements: The applicable bail-bond premium is generally earned once the bond has been posted and liability has been assumed, subject to the written agreement and applicable law. The premium ordinarily does not become refundable merely because charges are reduced, dismissed, or the case later concludes. All terms are set out in a written bail-bond agreement.
Collateral and cosigners: Depending on the circumstances, a bail-bond agency may require collateral or a cosigner to secure the bond.
Bail does not resolve the case: Posting bail and being released does not dismiss or resolve the criminal charges. The defendant must appear at all scheduled court dates.
Release does not cancel a protective order: Any protective order issued before or at the time of release remains in effect after the defendant is released. The defendant must comply with all terms of any protective order.
Emergency, Criminal and Civil Protective Orders
Emergency Protective Order (EPO)
An Emergency Protective Order is a short-term order issued by a judicial officer after a request from law enforcement when immediate protection is believed necessary. An EPO may be requested 24 hours a day and generally remains effective for only a short period, allowing time for the protected person to seek additional court orders.
Criminal Protective Order (CPO)
An order issued by a criminal-court judge to protect a victim or witness while a criminal matter is pending or as otherwise ordered. A CPO may be issued at arraignment and may remain in effect for the duration of the criminal case or longer.
Domestic Violence Restraining Order (DVRO)
A civil protective order that may be requested through California's civil or family court process. A DVRO is separate from the criminal case and may be sought by the protected person independently of any criminal proceedings.
An order may include conditions such as:
Only a court can change or terminate a court order. A protected person's invitation, permission, text message, or request does not necessarily authorize the restrained person to violate the written order. Anyone subject to an order should follow it exactly and obtain legal advice before making contact.
Conditions of Release
When a defendant is released on bail, the court may impose conditions of release in addition to any protective order. Common conditions may include:
- Compliance with all terms of any protective order
- Prohibition on possessing firearms or ammunition
- Mandatory check-ins with a pretrial services officer
- Drug or alcohol testing or treatment
- Electronic monitoring
- Prohibition on leaving the state or country
- Appearance at all scheduled court dates
Failing to appear as required can lead to a warrant and forfeiture proceedings against the bail bond. Violating a protective order or another release condition may lead to a new arrest, additional charges, modification or revocation of release, or return to custody, depending on the alleged violation and the court's decision.
Anyone who does not understand a protective order or condition of release should review the written order carefully and contact the issuing court with questions.
How to Find Someone After a Domestic Violence Arrest
To find someone arrested on an alleged domestic violence offense in California, identify the city and arresting agency, then search the official county inmate locator using the person's complete legal name and date of birth. If the record does not appear, the person may still be at a police or sheriff's station, undergoing booking or awaiting transfer to a county jail.
Confirm the city, county and law-enforcement agency involved in the arrest when available.
Search the official county jail or sheriff inmate locator using the person's complete legal name and date of birth.
If no result appears, check whether the person may still be at a city police station or sheriff's station before county-jail transfer.
Call Post It Bail Bonds if you need help identifying likely custody resources or reviewing available booking and bail information.
After an arrest, a defendant may be held at a local police or sheriff's station before being transferred to a county jail. Most county jails provide an online inmate search tool. Post It Bail Bonds can also assist in reviewing available public booking information.
Post It Bail Bonds reviews available public booking information but does not operate an official government inmate database. Booking and court information should be confirmed with the appropriate agency.
Information Needed to Arrange Bail
To begin the bail bond process, it helps to have as much of the following information as possible. If you don't have all the details, call us — our agents can help locate available booking information.
- Defendant's full legal name
- Defendant's date of birth
- City and county of arrest
- Arresting agency, if known
- Approximate arrest date and time
- Booking number, if known
- Bail amount, if available
County Jail and Court Information
Post It Bail Bonds assists with domestic violence bail bonds at facilities throughout Southern California. Select a county for official inmate search, court, victim-witness assistance, and protective-order help links.
Victim and Survivor Resources
The following resources are provided as public-safety references.
Immediate Danger
Call 911 if you or someone else is in immediate danger.
National and California Resources
- National Domestic Violence Hotline — Free, confidential support available 24/7. Call 1-800-799-SAFE (7233) · Text START to 88788
- California Courts — Guide to Protective Orders
- California Courts — Domestic Violence Restraining Orders
- California Adult Protective Services — Reporting and assistance for suspected abuse, neglect, or exploitation of elders and dependent adults
Orange County
- Orange County District Attorney — Domestic Violence
- Orange County District Attorney — Victims' Services Resources
- Human Options — Relationship-violence support, shelter and housing assistance, counseling, advocacy, and prevention services
- Laura's House — Emergency shelter, transitional housing, counseling, legal advocacy, and support services
Los Angeles County
- Los Angeles County District Attorney — Victim Services
- Peace Over Violence — Crisis intervention, counseling, prevention, and advocacy addressing domestic, sexual, and interpersonal violence
- YWCA Greater Los Angeles — Survivor services for people affected by domestic violence, sexual assault, and trafficking
- City of Los Angeles — Domestic Violence Resources — Official directory of hotlines, shelters, and legal resources
Riverside County
- Riverside County Domestic Violence Services — Official county information about domestic-violence services and assistance
- SAFE Family Justice Centers — Advocacy and support including restraining-order assistance and referrals
- Alternatives to Domestic Violence — Riverside County domestic-violence intervention and survivor support
San Bernardino County
San Diego County
Frequently Asked Questions
Related Arrest and Inmate Resources
California Inmate Search & Recent Arrest Locator
Search official county custody resources and learn what to do when a recent booking does not appear.
How Bail Works in California
Review booking, release options, bail bonds, collateral, cosigner responsibilities and court appearances.
California Bail Schedule Resources
Access county bail-schedule resources and learn how courts and counties determine available bail information.
Estimate domestic violence bail and the 8% premium
Search published county schedules for Los Angeles, Orange and Riverside counties and see an estimated 8% bail bond premium.
Authoritative Sources and Further Reading
- California Legislative Information — Penal Code
- California Courts Self-Help Center
- California Courts — The Arraignment
- California Department of Insurance — Bail Bonds
- National Domestic Violence Hotline
- California Department of Social Services
- Orange County Superior Court
- Los Angeles County Superior Court
- Riverside County Superior Court
- San Bernardino County Superior Court
- San Diego County Superior Court
Content reviewed: August 21, 2026
Reviewed by: Post It Bail Bonds, a licensed California bail-bond agency.
Laws, bail schedules, court orders, and facility procedures can change. Confirm current information with the appropriate court, jail, or law-enforcement agency.