Penal Code 273.5 is the most serious of the everyday domestic violence sections, and the one where the release process changes most sharply. If this is the code on the paperwork, the next few hours are worth understanding properly.

What the statute requires

Section 273.5 applies to corporal injury resulting in a traumatic condition, inflicted on a person in one of the protected relationships — a spouse or former spouse, a cohabitant or former cohabitant, a fiancé or fiancée, someone with whom the defendant has or had a dating or engagement relationship, or the mother or father of the defendant’s child.

The statute expressly reaches conditions caused by strangulation and suffocation.

Felony or misdemeanour

273.5 is a wobbler. Charged as a felony, the statute provides for two, three or four years. Charged as a misdemeanour, it provides for up to one year in county jail and a fine of up to $6,000. Which way it goes is the prosecutor’s decision. See felony charges and misdemeanour charges for how that distinction works generally.

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.

Felony 273.5 is named in that section. That is the single biggest practical difference between this charge and a straightforward domestic battery.

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.

Common questions

What is a traumatic condition?

Penal Code 273.5 turns on injury resulting in a traumatic condition. That is what separates it from domestic battery under PC 243(e)(1), which requires no injury at all. The statute expressly reaches conditions caused by strangulation and suffocation.

Is PC 273.5 a felony or a misdemeanor?

It is a wobbler – it can be charged either way. As a felony the statute provides for two, three or four years. As a misdemeanour it provides for up to one year in county jail and a fine of up to $6,000. Which way a case is charged is the prosecutor’s decision and we cannot predict it.

Why is release harder on a felony 273.5?

Because felony 273.5 is named in Penal Code 1270.1. That section requires a hearing in open court, with two court days’ written notice, before release on own recognisance or on bail in an amount other than the scheduled amount. Waiting for a reduction therefore has a built-in delay.

Can bail still be posted?

Often yes, at the scheduled amount. In Orange County, Penal Code 1269b requires a uniform countywide bail schedule and allows the officer in charge of the jail to approve and accept bail. Posting the schedule avoids the notice period that a reduction request triggers. In Los Angeles County the picture differs because serious and violent felonies fall outside the 2023 release protocols.

How is this different from 243(e)(1)?

The traumatic condition. Same relationships, but 273.5 requires an injury and carries far greater exposure, including the possibility of a felony and the PC 1270.1 release restriction.

Related resources

• PC 243(e)(1) — domestic battery — the no-injury section
• PC 273.6 — order violations
• What happens after a DV arrest
• 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 about a 273.5 arrest

Tell us the name, when and where, and whether the paperwork says felony or misdemeanour. That last detail changes the release path, and we will confirm it before you commit to anything.

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

---

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.