If someone in your family has just been arrested on a domestic violence allegation, you are probably being told several conflicting things at once. This page sets out the sequence in the order it actually happens, and what genuinely matters at each step.

The sequence

1. Arrest and transport. The arresting agency depends on the city — a municipal police department, or the county sheriff in contract cities and unincorporated areas.
2. An Emergency Protective Order may be issued. Often at or shortly after the scene, at any hour. Under Family Code section 6256 it expires at the close of judicial business on the fifth court day, or the seventh calendar day, whichever is first. See protective orders and EPOs.
3. Booking. Where this happens is county-specific and is the single biggest source of wasted hours — see below.
4. Bail or release determination. This is where the code section on the paperwork starts to matter enormously.
5. Court date. A bond secures appearance; it does not resolve the charge.

The code section decides the release path

These are not interchangeable labels:

• PC 243(e)(1) — domestic battery. No injury required. County jail up to a year.
• PC 273.5 — corporal injury causing a traumatic condition. A wobbler; felony 273.5 restricts release.
• PC 273.6 — violating an order. Misdemeanour, but any violation restricts release.
• PC 273a — child endangerment, where a child was present.

The release rule that catches families out

Penal Code section 1270.1 requires a hearing in open court before a person can be released on their own recognisance, or on bail in an amount other than the scheduled amount, for certain charges — including felony Penal Code 273.5, Penal Code 422, and any violation of Penal Code 273.6. The statute also requires two court days’ written notice to the prosecutor and, where applicable, to the victim.

The practical effect: waiting for a reduction can take longer than posting the scheduled amount. That is why, in many cases, posting on the county schedule is the faster lawful route — not because it is always right, but because the alternative has a built-in delay.

Where someone is booked — and why the county matters enormously

Orange County

Under Penal Code section 1269b, the superior court judges of each county adopt and annually revise a uniform countywide bail schedule, and the officer in charge of the jail may approve and accept bail. Orange County still works this way, so a scheduled amount is usually available quickly. Booking generally runs through the Orange County Intake Release Center at 550 N. Flower Street in Santa Ana, with later housing at Theo Lacy in Orange or the James A. Musick Facility in Irvine. Some cities hold people locally first — Huntington Beach, Santa Ana and Fullerton all run municipal jails.

Los Angeles County

Los Angeles works differently. Since 1 October 2023 the Superior Court’s Pre-Arraignment Release Protocols mean many people arrested for non-violent, non-serious felonies and misdemeanours are cited and released, or released on their own recognisance, with no money bail at all. The protocols do not cover serious and violent felonies. LA County also books men and women into different facilities — the Inmate Reception Center downtown for men, and the Century Regional Detention Facility in Lynwood for women. Our Los Angeles County guide explains when a bond is and is not needed.

What to have ready when you call

These few details let us find the person and establish the actual position, usually within minutes:

• The full legal name and date of birth
• Roughly when the arrest happened and in which city — that decides the agency and the county
• The arresting agency if you know it (city police, or the county sheriff)
• Any booking number or paperwork you were given
• Whether a protective order or no-contact condition has been mentioned
• The code section written on any paperwork — 243(e)(1), 273.5, 273.6 and 273a are treated very differently

If you do not have all of it, call anyway. The name and the city are usually enough to start.

What not to do

If a protective order exists, do not contact the protected person — and do not respond if they make contact first. The order binds the restrained person either way, and a breach is a fresh offence under PC 273.6 that makes release harder, not easier. It is the most common self-inflicted wound at this stage.

Common questions

What happens first after a domestic violence arrest?

Arrest, transport, and booking. An Emergency Protective Order may be issued at or shortly after the scene. A bail or release determination follows, then a court date.

How do I find out where someone is being held?

It depends on the county and the arresting agency. In Orange County most bookings run through the Intake Release Center in Santa Ana, though several cities hold people locally first. In Los Angeles County men go to the Inmate Reception Center downtown and women to Century Regional in Lynwood.

Can I post bail straight away?

In Orange County a scheduled amount is often available immediately under Penal Code 1269b. In Los Angeles County, the Pre-Arraignment Release Protocols in place since 1 October 2023 mean many non-violent, non-serious cases proceed with no money bail at all.

Why is a domestic violence release different?

Penal Code 1270.1 requires a hearing in open court, with two court days’ written notice, before release on own recognisance or at a non-schedule amount for felony PC 273.5, PC 422, and any PC 273.6 violation. That built-in notice period is why waiting for a reduction can take longer than posting the schedule.

Should we contact the other person?

If a protective order is in place, contact can be a separate offence under PC 273.6 – even if they contacted first. Read the order and take advice before doing anything.

Related resources

• Protective orders and EPOs
• Charge pages: 243(e)(1) · 273.5 · 273.6 · 273a
• Domestic violence bail bonds — the main guide
• Misdemeanour charges and felony charges
• Orange County and Los Angeles County release rules
• All bail services and payment plans

Call us at any hour

Give us the name, roughly when and where the arrest happened, and the code section if you have paperwork. We will find the person and tell you the real position.

Anaheim — (714) 520-2002La Habra — (562) 690-8303

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot guarantee a bail amount, a release time, eligibility for release, or the outcome of any case. Statutes are quoted from California primary sources and can be amended; court, jail and bail-schedule practice can change. Always confirm current details with the facility, the court, or an attorney. California bail licence 1841014.