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Domestic Violence Bail Bonds

Domestic violence arrests follow different bail rules from almost any other charge in California. Here is exactly what changes, and why.

Since 1997CA License 1841014Open 24 Hours3 Offices

If someone in your family has been arrested for domestic violence, you are probably being told conflicting things. This page sets out what California law actually requires — including the one rule that catches nearly every family by surprise.

The rule most people are not told. Under Penal Code § 1270.1, certain offenses require a hearing in open court before a person can be released on their own recognizance, or on bail set at any amount other than the published schedule. Domestic violence offenses are expressly on that list — including a violation of § 273.5 or § 422 where the offense is punished as a felony, and any violation of § 273.6 (violating a protective order). The prosecutor and the defense must each be given two court days’ written notice and an opportunity to be heard.

In plain terms: with most charges, if the schedule amount is unaffordable, a lawyer can ask a judge to lower it fairly quickly. With a felony domestic violence charge, the law requires a noticed hearing first. That is why posting the scheduled bail is often the fastest lawful route out — and why families who wait for a reduction sometimes wait considerably longer than they expected.

How much is bail for a domestic violence charge in Orange County?

Orange County publishes a Uniform Bail Schedule each year. It is the starting figure used when someone is booked, before they ever see a judge. The current schedule took effect on 1 January 2026. These are the scheduled amounts for the charges families ask us about most often:

Charge Level Scheduled bail
PC 273.5 — corporal injury to a spouse, cohabitant or co-parent Felony $50,000
PC 273.5 with a qualifying prior within seven years Felony $100,000
PC 422 — criminal threats Felony $50,000
PC 273a — child endangerment (willful harm) Felony $100,000
PC 273.6 — violating a protective or restraining order Misdemeanor $15,000
PC 243(e)(1) — domestic battery Misdemeanor Set under the county misdemeanor schedule — call and we will read you the current figure

Two things families get wrong about these numbers. First, the schedule is a starting point, not a final figure. A judge can raise or lower it, and an officer who believes the scheduled amount is not enough to protect the protected person can ask a magistrate for more. Second, the bail amount is not what you pay. A bail bond premium is a percentage of the bail amount, at the rate filed with the California Department of Insurance. We will tell you what that works out to in dollars before you agree to anything.

Figures above are from the 2026 Uniform Bail Schedule published by the Superior Court of California, County of Orange. Schedules are revised annually and the booking charge is not always the charge you expect, so call us and we will confirm the current amount for the exact charge on the booking sheet.

Can you bail out on a domestic violence charge?

In most cases yes — but not always straight away, and this is the part almost nobody is told at the jail. For the offenses listed under Penal Code § 1270.1, a person cannot be released on their own recognizance, or on any amount other than the published scheduled amount, until there has been a hearing in open court. Domestic violence offenses are expressly on that list.

In practice that means one of two things. If you can post the scheduled amount, release can usually go ahead on the jail’s normal timetable. If you are hoping for a reduced amount, that decision waits for a judge, and if the arrest happened on a Friday evening or before a holiday, that wait can run into days. Knowing which of those two situations you are in, within the first hour, is the single most useful thing you can do.

We will find out where they are being held and what the booking charge actually is, free and with no obligation, and tell you plainly which path applies.

The domestic violence charges we post bail for

“Domestic violence” is not one charge. It is a group of them, and which one appears on the booking sheet changes the bail amount, whether the case is a felony or a misdemeanor, and how quickly release is realistic. Each of these has its own page with the detail:

What puts a case on this page is the relationship, not the conduct. Penal Code § 243(e)(1) and § 273.5 both require a spouse, former spouse, cohabitant, fiancé or fiancée, dating partner, or the other parent of a child. Where that relationship is absent, the same facts are charged as ordinary assault or battery under § 240 and § 242 — a different figure on the schedule, and outside the § 1270.1 hearing requirement described above. It is the first thing to confirm when a family is told a charge is “domestic.”

The protective order — and the mistake that creates a second case

In most domestic violence arrests an emergency protective order is issued straight away, often before anyone is released. Under Family Code § 6256, an EPO expires at whichever of these comes first:

  • the close of judicial business on the fifth court day after it was issued, or
  • the seventh calendar day after it was issued.
Do not contact the protected person. Not to apologize, not to “sort it out”, not through a relative, and not through social media. Violating a protective order is a separate offense under Penal Code § 273.6 — and § 273.6 is itself on the § 1270.1 list, so a violation can make the bail situation considerably worse than the original arrest. If the two people share a home, ask the defense attorney how to retrieve belongings lawfully. We are not lawyers and cannot advise on this, but we can tell you it is the single most common way a manageable situation becomes an unmanageable one.

Two practical consequences follow from that hearing requirement. The bail figure itself comes from the county schedule — see Orange County and Los Angeles County, where domestic violence is one of the few areas the two counties treat almost identically. And any attempt to change that figure is a bail reduction motion, brought by a defense attorney under Penal Code § 1289, not something a bail agency can arrange.

What families should do first

  1. Find out where they are. That is free, takes us a few minutes, and carries no obligation.
  2. Find out how the charge has been booked — felony or misdemeanor changes what is possible.
  3. Speak to a defense attorney early, particularly about the protective order and any shared residence.
  4. Decide about bail with real numbers in front of you, not guesses. We will tell you the scheduled amount and what the premium works out to before you commit to anything.

Where they are held and where the case is heard

County booking and release runs through the Intake Release Center in Santa Ana, which accepts bail 24 hours a day. Theo Lacy takes bonds only between 8:00 a.m. and 2:00 p.m. All facilities are on our Orange County jails page.

The case is heard at the justice center covering the city of arrest: North (Fullerton) for the eight North Orange County cities, Central (Santa Ana), West (Westminster) or Harbor (Newport Beach). See all courthouses.

How posting bail actually works, step by step

Most families have never done this before and are working from what they have seen on television. The real sequence is shorter than people expect, and the delays come from places nobody warns you about.

  1. We locate them and read the booking charge. Free, a few minutes, no obligation. Until the charge is confirmed, every number anyone gives you is a guess.
  2. We tell you the scheduled bail and what the premium comes to. In dollars, before you sign anything.
  3. Paperwork and the indemnitor. Someone has to sign as the person guaranteeing the bond. This can be done in one of our offices, or remotely if getting to us is not realistic.
  4. We post the bond at the facility holding them. Bail is posted at the jail, not at the courthouse. That single fact saves families a wasted drive more often than anything else on this page.
  5. Release. The clock from here is the facility’s, not ours. See the timing note below.

How long does release take?

We will not give you a number we cannot stand behind, because the honest answer is that it depends on the facility and the hour. Once a bond is posted, the remaining time is processing time inside the jail: paperwork, property, and whatever queue is ahead of you. A quiet weekday morning at a city jail is a different situation from a Saturday night at county intake after a busy shift.

What we can tell you is this: posting earlier is always better than posting later, because you join a shorter queue. And if the person has been transferred from a city jail to county intake, the clock effectively restarts. Ask us about transfers before you drive anywhere.

Nights, weekends and holidays

Domestic violence arrests cluster in the evenings and at weekends, which is exactly when the court is closed. Our three offices are open 24 hours, every day of the year, and someone answers the phone at 3am on a holiday.

The thing to understand about weekends is the § 1270.1 point above. Posting the scheduled amount does not require a judge, so it can happen at 2am on a Sunday. Asking for a lower amount does require a judge, so it waits for the next court day. Families who do not know this sometimes wait through an entire weekend for a hearing when release was available the whole time.

What we need from you to start

You do not need all of this to call. You need the first one, and we will work out the rest together.

  • The full name of the person arrested, and their date of birth if you have it.
  • Which city they were arrested in, or which facility you were told they went to.
  • The booking charge, if you were given it. If you were not, we will find it.
  • Details for whoever will sign as indemnitor — usually identification and something showing stable ties to the area, such as employment or residence.

We will tell you honestly if collateral is going to be part of the conversation before you drive anywhere, rather than after.

If it was your husband, wife or partner who was arrested

Almost everyone who calls us about a domestic violence arrest is calling about a spouse, a partner, an adult child or a parent. A few things are worth saying plainly.

If you are the protected person named on the order, the order restricts their conduct, not yours — but it is still in force the moment they walk out, and it usually includes the shared home. Contact that feels harmless, including a text message saying they can come home, is the most common route to a second arrest under PC 273.6. We are not attorneys and cannot advise you on the order itself; we can tell you that this is the pattern we see most often, and that a defense attorney can tell you how to handle belongings and the residence lawfully.

If you are considering signing as the indemnitor for the person the order protects you from, think it through and speak to someone first. It is your decision, not ours, and we will not push you either way.

The restraining-order side of the case

A DV arrest usually produces a protective order, and the restraining-order matter is heard at the Lamoreaux Justice Center in Orange while the criminal case sits at an adult justice center. The order can bar someone from returning home even after release.

Questions families ask us

Can bail just be lowered?

Not simply at the jail window. For the offenses listed in § 1270.1 — which include felony § 273.5 — a court hearing with two court days’ notice to both sides is required before release on own recognizance or on a different amount. A defense attorney can pursue that; we cannot, and neither can the jail.

Will the protected person dropping it end the case?

That is a decision for the prosecutor, not the protected person, and not something we can predict. Ask a defense attorney.

How much is domestic violence bail?

It comes from the county bail schedule adopted under Penal Code § 1269b, which the superior court judges revise annually and which accounts for aggravating factors. We will give you the actual figure for the actual booking rather than a range from a website.

Can we post bail before the arraignment?

Where the charge is bailable and the scheduled amount applies, bail can generally be posted at the custody facility without waiting for court. Whether that applies to a specific booking is exactly what we check when you call.

Can you bail someone out for domestic violence the same night?

Often, yes — if you are posting the scheduled amount rather than asking a judge to reduce it. We are open 24 hours and can start at any hour. The limit is the jail’s processing time, not our availability.

What is the difference between domestic battery and corporal injury?

Broadly, PC 243(e)(1) domestic battery does not require a visible injury, and is charged as a misdemeanor. PC 273.5 corporal injury requires a traceable physical injury and is commonly filed as a felony, with a much higher scheduled bail. Which one appears on the booking sheet changes your numbers significantly, which is why we confirm the charge before quoting anything.

Does the protected person have to agree before bail can be posted?

No. Bail is a matter between the court, the jail and whoever posts the bond. The protected person’s wishes do not control whether a bond can be posted, and they do not control whether the district attorney files the case either.

Do we have to come to one of your offices?

Not necessarily. We have three physical offices in Anaheim, Brea and La Habra, and you are welcome at any of them at any hour. If getting to us is not realistic at 3am with children asleep, we can handle the paperwork remotely and meet you at the facility.

What happens at the arraignment?

This is the first court appearance, and it is where a judge can address bail and the protective order. We are a bail agency, not a law firm, so we will not tell you what to expect from the case itself — that is a question for a defense attorney, and it is worth having one before that date.

Domestic violence bail across Orange County

Which city the arrest happened in decides which jail they are sitting in tonight and which courthouse the case goes to. Our three offices are positioned to cover north Orange County, and we post bail throughout the county and into Los Angeles County.

If the case has already moved to court, the North Justice Center in Fullerton handles most north county matters. County booking and release runs through the Intake Release Center in Santa Ana.

Where we work from

Our three offices — Anaheim, Brea and La Habra — are open 24 hours and are our only physical locations. See locations and areas we serve.

Other charges are covered under bail bond services — see also felony bail bonds, misdemeanor bail bonds and warrant bail bonds. If cost is the obstacle, see payment plans.

Someone in custody right now?

Call the office nearest the city of the arrest. We will locate them, confirm the bail amount, and tell you honestly what can happen tonight.

Related

Our three offices

Anaheim1055 N Harbor Blvd
Anaheim, CA 92801
(714) 520-2002
Brea1211 W Imperial Hwy #202
Brea, CA 92821
(657) 286-5038
La Habra510 E La Habra Blvd
La Habra, CA 90631
(562) 690-8303
Please note: American Freedom Bail Bonds is a licensed California bail bond agency (license 1841014). We are not attorneys and nothing on this page is legal advice. Statute references are general information and law and local practice change. We cannot guarantee bail amounts, release times, eligibility for release, or any case outcome. For advice on a specific case, speak to a defense attorney.

Charge-by-charge resources

“Domestic violence” is not one charge. The section written on the paperwork decides the exposure and, critically, the release path. Each of these is a separate resource:

Section Injury required? Why it matters
PC 243(e)(1) — domestic battery No The most misunderstood section. County jail up to a year.
PC 273.5 — corporal injury Yes — a traumatic condition A wobbler. Felony 273.5 restricts release under PC 1270.1.
PC 273.6 — order violation No Misdemeanor, but any violation restricts release.
PC 273a — child endangerment No — endangerment can suffice Two tiers, up to 2, 4 or 6 years in the higher one.

Process and order resources