Domestic Violence Bail Bonds

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.

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.

What Penal Code § 273.5 actually covers

Section 273.5 makes it a crime to wilfully inflict corporal injury resulting in a traumatic condition on a protected person. “Traumatic condition” includes a wound or injury caused by physical force — and the statute expressly includes injuries resulting from strangulation or suffocation.

Who counts as a protected person

• A current or former spouse
• A current or former cohabitant
• A current or former fiancé or dating partner
• The other parent of the accused person’s child

This is broader than many people assume. It is not limited to married couples or people living together at the time.

Felony or misdemeanor

Section 273.5 is a “wobbler” — it can be charged either way. As a felony it carries two, three or four years in state prison. As a misdemeanor it carries up to one year in county jail. A fine of up to $6,000 may be imposed either way. Where there are qualifying prior convictions within seven years, the exposure increases substantially, and fines can rise to $10,000.

Which way it is charged matters enormously for bail, because § 1270.1’s hearing requirement attaches when § 273.5 is punished as a felony. At the moment of arrest that decision has usually not been made yet, which is part of why the first few hours feel so uncertain.

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.

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 defence 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.

Questions families ask us

Can bail just be lowered?

Not simply at the jail window. For the offences 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 recognisance or on a different amount. A defence 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 defence 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.

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.