California Penal Code / Domestic violence
A domestic violence arrest raises questions a family has to answer quickly: which Penal Code section was booked, whether scheduled bail applies, whether a hearing is required first, and what protective order the court may issue. An arrest is an accusation, not a finding — and release, when it happens, comes with conditions the court expects to be followed.
We explain the booked charge, the 2026 Los Angeles County schedule entry and the court conditions that apply — before anyone signs anything.
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01 / Overview
The relationship and the injury allegation shape the booking.
California does not have a separate "domestic violence" crime with one bail amount. The booking is under a specific Penal Code section — most often domestic battery under §243(e)(1) or corporal injury under §273.5 — and each county's court sets its own schedule. In Los Angeles County, these charges carry scheduled money bail, and Penal Code §1270.1 adds a hearing requirement before the amount can be lowered or a person released on their own recognizance.
Domestic battery (§243(e)(1)) covers unlawful force against a person in a listed relationship, with or without a visible injury. Corporal injury (§273.5) requires a "traumatic condition" — a physical injury, including strangulation or suffocation. That difference changes classification and the scheduled amount.
The 2026 Los Angeles County schedules list $20,000 for misdemeanor §243(e)(1), $30,000 for misdemeanor §273.5, $50,000 for felony §273.5 and $100,000 for §273.5 with a qualifying prior under subdivision (f).
Because these offenses are listed in Penal Code §1270.1, LA County's protocol says release on bail above or below the schedule, or on own recognizance, waits for a hearing in open court.
A criminal protective order or emergency protective order can restrict contact, require distance from a person or residence and restrict firearms. Posting bail does not cancel or change it.
Related assault and battery allegations have their own elements. Elder abuse provisions may also be relevant when the alleged victim meets the statutory definition; felony classification alone does not settle release.
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02 / The law
The section number decides the charge, the schedule and the hearing.
A / Core offenses
These four sections account for most domestic violence bookings. The relationships they protect are defined by statute, and each has its own Los Angeles County schedule entry.
PC §243(e)(1)
PC §273.5(a)
PC §273.5(f)
PC §273.6
B / Definitions, orders & hearings
These sections are not separate crimes in the way §243(e)(1) is. They define terms, authorize court orders and set the bail hearing requirement that makes domestic violence bookings different from many others.
02B / Bail statutes
Schedule first, hearing second.
PC §1269b
Each county's superior court judges must adopt and annually revise a countywide schedule of bail for felonies and misdemeanors.
Sets the starting amount used at booking for listed domestic violence offenses.
PC §825
A person in custody must generally be taken before a magistrate without unnecessary delay, and within 48 hours of arrest excluding Sundays and holidays.
If scheduled bail is not posted, release decisions for listed offenses usually move to arraignment.
PC §1275
Public safety and victim safety are primary; the court also considers the seriousness of the offense, the person's record and the likelihood of returning to court.
Explains why injury and threat allegations weigh heavily in domestic violence bail hearings.
PC §1275.1
Lets the court or prosecutor require proof that money or property used for bail did not come from unlawful activity.
Uncommon in domestic violence cases, but when ordered it adds a hearing before the bond is accepted.
PC §1318
Before release on own recognizance, the person signs promises to appear, obey reasonable conditions and waive extradition if they fail to appear.
In domestic violence cases, conditions commonly include obeying any protective order.
PC §1270
A person arrested for a misdemeanor is generally entitled to own-recognizance release unless the court finds it would compromise public safety or the person's appearance.
Explains why misdemeanor domestic battery is treated differently from many other misdemeanors.
Constitutional framework
The California Supreme Court held that courts may not detain someone simply because they cannot afford bail. Before setting money bail, a court must consider the person's ability to pay and whether less restrictive conditions — including protective orders — can protect the alleged victim and the public.
03 / Bail amounts
There is no statewide number — only county schedules.
California has no single domestic violence bail amount. Each county court adopts its own schedule, and the amount depends on the exact Penal Code section, misdemeanor or felony filing, priors and any related charges. The entries below are from the 2026 Los Angeles County misdemeanor and felony schedules, both effective January 1, 2026.
The schedule lists a dollar amount. For §1270.1 offenses it is generally the amount that must be posted for release before an open-court hearing.
Judicial review with no fixed scheduled amount. Some related charges, such as misdemeanor §136.1 or §422, are listed this way.
Booking, then release on a written promise to appear. The listed domestic violence offenses are not eligible for this pre-arraignment release.
Release on a citation. Not used for §1270.1 domestic violence bookings under the LA County protocol.
| Charge or circumstance | Statute | Context | LA pre-arraignment | Amount | What happens next | Source |
|---|---|---|---|---|---|---|
| Domestic battery, no traumatic injury | PC §243(e)(1) | Misdemeanor · LA County | $ | $20,000 | §1270.1 offense: a lower amount or OR release requires an open-court hearing. | Misdemeanor schedule, p. 14 (opens in a new tab) |
| Corporal injury, filed as a misdemeanor | PC §273.5 | Misdemeanor · LA County | $ | $30,000 | §1270.1 offense; a protective order is commonly considered at arraignment. | Misdemeanor schedule, p. 15 (opens in a new tab) |
| Corporal injury, filed as a felony | PC §273.5 | Felony · LA County | $ | $50,000 | §1270.1(a)(2) offense; changes are decided at a hearing. | Felony schedule, p. 15 (opens in a new tab) |
| Corporal injury with a qualifying prior | PC §273.5(f) | Felony · LA County | $ | $100,000 | The prior must be charged and admitted or proven to affect sentencing. | Felony schedule, p. 15 (opens in a new tab) |
| Protective order violation with threats, violence or going to the protected person's home or work | PC §273.6(a) | Misdemeanor · LA County | $ | $30,000 | Listed in §1270.1 when those circumstances are alleged. | Misdemeanor schedule, p. 15 (opens in a new tab) |
| Protective order violation with injuries | PC §273.6(b) | Misdemeanor · LA County | $ | $30,000 | Separate injury row in the misdemeanor schedule. Section 1270.1 hearing requirements depend on the specified threats, violence or home/workplace circumstances. | Misdemeanor schedule, p. 15 (opens in a new tab) |
| Charge or circumstance | Statute | Context | LA pre-arraignment | Amount | What happens next | Source |
|---|---|---|---|---|---|---|
| Protective order violation, felony | PC §273.6 | Felony · LA County | $ | $50,000 | Schedule cross-reference: §1270.1(a)(4), when specified threats, violence or home/workplace circumstances are present. The underlying order stays in effect. | Felony schedule, p. 15 (opens in a new tab) |
| Stalking, felony | PC §646.9 | Felony · LA County | $ | $150,000 | The misdemeanor schedule lists $50,000 (p. 22). | Felony schedule, p. 22 (opens in a new tab) |
| Dissuading a witness, misdemeanor | PC §136.1(a)–(b) | Misdemeanor · LA County | MR | No scheduled amount | A magistrate decides. The felony schedule separately lists §136.1(a)–(b) and §136.1(c) at $100,000 (p. 12); the §1270.1 list expressly includes subdivision (c). | Misdemeanor schedule, p. 13 (opens in a new tab) |
Worried about a domestic violence arrest?
04 / Classification
Filing decisions and bail are separate questions.
The prosecutor — not the arresting officer — decides how a case is filed. A §273.5 accusation can be filed as a misdemeanor or a felony, and either can later be reduced, dismissed or result in acquittal. These rows compare classification with Los Angeles County's 2026 pre-arraignment treatment; they do not predict a sentence.
This comparison summarizes classification and Los Angeles County pre-arraignment treatment. It is not a prediction of how a case will be filed, the outcome or a judge's release decision.
05 / Protective orders
Posting a bond does not cancel, modify or supersede a protective order.
California Courts — Criminal Protective Order (CR-160)
View official resource: California Courts — Criminal Protective Order (CR-160) (opens in a new tab)Do not contact a protected person directly or through anyone else if an order prohibits it, even if the protected person initiates contact. Questions about an order's terms belong with a criminal defense attorney or the court.
06 / Priors & enhancements
Allegations, not findings.
A listed conviction within seven years can raise the sentencing range and, in LA County, moves felony §273.5 to a $100,000 scheduled entry. It must be charged and admitted or proven.
When a felony is alleged to involve personally inflicted great bodily injury in a domestic violence setting, an enhancement may be charged. The court weighs the alleged injury under §1275.
An alleged violation of an existing protective order (§273.6) or an attempt to dissuade a witness (§136.1) is a new charge with its own entry, and courts treat it as a serious release concern.
A §245 assault charge can be filed alongside domestic violence counts when a weapon or significant force is alleged.
Criminal threats (§422) and stalking (§646.9) are separate §1270.1-listed offenses when filed as qualifying charges.
An outstanding warrant from another case is handled on its own terms and can prevent release on the new booking.
People on probation, parole or PRCS are referred to a magistrate under the LA County protocol and may face a separate hold.
Each charge has its own schedule entry; how amounts combine depends on the booking and the court's order.
Every circumstance above is an allegation until it is admitted or proven. Their purpose here is to explain why a booking may be reviewed differently — not to suggest any of them applies to a particular case.
07 / Bond costs
Bail is the court's number. The premium is the bond's cost.
The amount the schedule or the judge requires as security that the person will appear. For listed domestic violence offenses, it usually starts at the scheduled amount.
What a licensed bail agent charges to post a surety bond for the full bail amount. The rate must match the surety's rate filed with the California Department of Insurance, and it is generally not refunded.
Some agreements allow part of the premium to be paid up front and the rest later. Any payment arrangement must be in writing; none is promised here.
A co-signer (indemnitor) promises to pay the full bail amount if the person does not appear. Collateral may be requested and must be returned when the bond is exonerated.
08 / After the arrest
Five stages, with conditions at every step.
Timing varies by facility, booking volume and whether a hearing is required. Posting bail does not guarantee immediate release.
The person is booked on specific Penal Code sections. Officers may request an emergency protective order, which a judicial officer can issue on the spot.
Use the official custody search to confirm the facility, booking number and charges. The booked sections determine the schedule entry.
Check whether scheduled bail applies and whether a §1270.1 hearing is required. Expect a criminal protective order to be considered at arraignment.
When financial bail must be posted, the co-signer reviews the agreement, the premium and any collateral before signing.
After the bond is posted the facility processes release. The person must attend every court date and obey every order and condition.
09 / When a bond is needed
Sometimes yes, sometimes a hearing decides.
A listed offense is booked with a scheduled amount — for example $20,000 for misdemeanor §243(e)(1). Posting that amount, directly or through a surety bond, is generally the route to release before the hearing.
Bond may be usedIf scheduled bail is not posted, the court decides at the hearing — often arraignment — whether to keep, lower or raise the amount, or release on own recognizance with conditions.
Depends on the hearingA judge may release the person on a written promise to appear, usually with a protective order and other conditions. No bond is needed for that release.
No bond neededThe judge sets an amount after weighing victim safety, record and ability to pay. When money bail is required, a licensed agent can post a surety bond for the full amount.
Financial bail requiredA probation, parole or out-of-county hold, or a warrant from another case, can keep the person in custody even after bail on the new charge is posted.
Bond may not releaseNo one can promise that a person will bond out immediately. Hearings, holds and facility processing all affect timing.
Get bail help10 / Local resources
Find the person. Find the court.
Confirm a booking, facility and charges through official custody tools.
Where people are booked and housed across the county.
Where arraignments, §1270.1 hearings and protective-order matters are heard.
County and city guides with local custody and court details.
Plain-language guides about bail, booking and court dates.
Sources
Primary sources, linked directly.
Government sources are linked for reference only and do not endorse Set Free Bail Bonds.
California Legislative Information
Official text of every statute cited on this page. Each statute card links to its exact section.
Superior Court of Los Angeles County
Effective January 1, 2026. PC §273.5 and §273.6 on page 15; §646.9 on page 22; §136.1 on page 12; §1270.1 on page 30.
Superior Court of Los Angeles County
Effective January 1, 2026. PC §243(e) on page 14; §273.5 and §273.6(a) on page 15; §1270.1 protocol on pages 5 and 37.
California Courts
The Judicial Council form used for criminal protective orders in domestic violence cases.
California Courts Self-Help Guide
How civil domestic violence restraining orders are requested, served and enforced.
California Department of Insurance
How bail bond premiums, collateral and licensing work in California.
California Supreme Court
The decision on ability to pay and least-restrictive release conditions.
12 / Questions
Straight answers, honest limits.
Content updated November 4, 2026. General information, not legal advice.
It depends on the booked section. The 2026 Los Angeles County schedules list $20,000 for misdemeanor domestic battery (PC §243(e)(1)), $30,000 for misdemeanor corporal injury (PC §273.5), $50,000 for felony §273.5 and $100,000 for §273.5 with a qualifying prior under subdivision (f). Other counties use different amounts.
Both involve force against a person in a listed relationship. Section 243(e)(1) does not require any injury and is a misdemeanor. Section 273.5 requires a traumatic condition — a physical injury, including from strangulation or suffocation — and can be filed as a misdemeanor or felony.
Yes, by posting the scheduled bail. Because these offenses are listed in PC §1270.1, the LA County protocol does not allow pre-arraignment own-recognizance release or a different bail amount without an open-court hearing.
Usually a scheduled amount applies, but not always. A judge can deny bail in limited circumstances allowed by the California Constitution, and holds or warrants from other cases can prevent release even after bail is posted.
Felony filings follow the felony schedule — $50,000 for §273.5 in LA County — and felony arraignment. A judge may also consider great bodily injury or other enhancement allegations when reviewing release.
It can. In LA County, felony §273.5 with a qualifying prior conviction under subdivision (f) is scheduled at $100,000. The prior must be a listed conviction within the statutory window and must be charged.
Yes. Posting bail does not cancel, modify or supersede a protective order. Criminal, emergency and civil orders all remain enforceable according to their terms until the issuing court changes them.
Yes. Either side can ask the court to modify bail or conditions, and for §1270.1 offenses the change is made at a hearing in open court. Neither the bail agent nor the protected person can change the conditions.
It can lead to a new arrest and charge under PC §273.6, and the court may revoke the earlier release. LA County lists $30,000 for misdemeanor §273.6(a) involving threats, violence or going to the protected person's home or workplace, separately lists §273.6(b) with injuries at $30,000, and lists felony §273.6 at $50,000. The §1270.1 hearing requirement depends on the specified circumstances; not every violation is treated identically.
Bail is the amount the court requires. The premium is the fee a licensed bail agent charges to post a bond for that full amount, based on the surety's filed rate. The premium is generally not refunded.
Each booked charge has its own schedule entry, and enhancements can add to the total. A judge may set one overall amount at the hearing.
Yes. A family member or friend can act as co-signer and sign the bond agreement, accepting responsibility for the full amount if the person does not appear. A co-signer should never be asked to pass messages that an order prohibits.
It varies by facility, booking volume, time of day and whether a hearing is required first. No one can promise a release time.
The person's full legal name, an approximate age or date of birth and the city or county where the arrest happened. A booking number helps but can be found later through the official custody search.
The person must attend every court date, follow every release condition and obey any protective order. If a bond was posted, the co-signer's obligations continue until the case ends and the bond is exonerated.
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Tell us who needs help and where the arrest happened. We will explain the scheduled amount, whether a hearing is required and what the bond process involves.