Bail in Domestic Violence Cases: Protective Orders and Holds

Yes, people arrested for domestic violence in California can usually be bailed out, but these cases follow stricter rules than most arrests. The person generally can't be released on a simple citation, a judge may need to hold a hearing before bail is lowered, and release often comes with a protective order that limits contact with the alleged victim. Knowing those rules ahead of time helps families avoid mistakes that could lead to a new arrest.

Why domestic violence cases are handled differently

California law treats domestic violence arrests with extra caution because they involve people who often live together or share children. The rules aim to protect the person who reported the incident while the case is pending. That means more steps before release, and more conditions after it.

These situations are hard on everyone involved. Sometimes the person calling about bail is the same person who called the police. Sometimes it's a parent, sibling, or friend caught in the middle. Whatever your role, the information below is meant to help you understand the process calmly and safely.

Is there cite-and-release for domestic violence?

Generally, no. Most misdemeanor arrests in California can end with a written promise to appear. But domestic violence charges are commonly excluded. For example, a California state agency's cite-and-release policy, which follows Penal Code 1270.1 and 853.6, lists misdemeanor domestic battery (Penal Code 243(e)(1)), felony corporal injury to a spouse or partner (Penal Code 273.5), stalking (Penal Code 646.9), and certain protective order violations among the charges where the person must be booked and held for bail or court instead of being cited and released.

In other words, expect the person to be booked into county jail. Whether they can then post bail right away depends on the bail schedule and whether a judge has ordered something different.

How bail is set in domestic violence cases

Each county's judges set a bail schedule every year. As one example, Riverside County's 2025 Felony and Misdemeanor Bail Schedule lists:

• Misdemeanor spousal battery (PC 243(e)(1)): $5,000
• Corporal injury to a spouse or cohabitant (PC 273.5(a)) filed as a felony: $30,000; filed as a misdemeanor: $5,000
• PC 273.5 with a prior conviction (PC 273.5(f)) filed as a felony: $40,000

All of these are in Riverside's "Arraignment Review" category, which means bail can be posted at any time, and a judge reviews the amount and custody status at arraignment. Other counties use different amounts, so check the schedule where the arrest happened.

Bail can be raised above the schedule

Under Penal Code 1270.1(e), when someone is arrested for a bailable felony or for a misdemeanor violation of a domestic violence protective order, a judge can set bail higher than the schedule without a hearing if a peace officer submits a sworn declaration with facts supporting it. Families are sometimes surprised to see a bail amount higher than what they found online. This is one reason why.

The PC 1270.1 hearing requirement

For certain offenses, California won't let bail be lowered, or let someone out on their own recognizance, without a formal hearing. Penal Code 1270.1 requires a hearing in open court before a person arrested for those offenses is released on bail above or below the schedule, or on their own recognizance. The covered offenses include domestic battery, corporal injury to a spouse or partner, stalking, certain protective order violations, felony witness intimidation, and serious or violent felonies (except residential burglary).

Under the statute:

• The prosecutor and defense attorney must get two court days' written notice and a chance to be heard.
• If the person doesn't have a lawyer, the court appoints one for the hearing.
• The judge considers things like the person's history of showing up to court, the possible sentence, any threats made, past violence, and the danger to others.
• If bail is set above or below the schedule, the judge must state the reasons on the record.

What this means for families: the 1270.1 hearing is about changing bail or getting an own-recognizance release. If the person can post the scheduled bail amount, that's usually the faster path. If you're hoping a judge will lower bail, expect it to take at least a couple of court days.

Emergency protective orders

In many domestic violence arrests, an officer asks a judge for an emergency protective order (EPO) on the spot. The order can require the arrested person to stay away from the protected person and their home, and not contact them.

An EPO is short-term. Under Family Code 6256, it expires at the earlier of the end of the fifth court day after it's issued, or the seventh calendar day after it's issued. During that window, the protected person can ask a court for a longer-term restraining order.

An EPO still applies after someone bails out. If the person returns home or calls the protected person while the order is active, they can be arrested again.

Criminal protective orders and no-contact conditions

Once domestic violence charges are filed, the court is required to consider issuing a criminal protective order on its own (Penal Code 136.2). These orders can include no-contact rules, stay-away distances, and firearm restrictions. They often last for as long as the case is open, and sometimes beyond.

A few practical points:

• The order binds the restrained person, not the protected person. Even if the protected person reaches out, the restrained person can be arrested for responding.
• "No contact" usually means all contact: calls, texts, social media, messages through friends, and showing up in person.
• Housing matters. If the couple shares a home, the released person may need somewhere else to stay. Plan this before release if you can.
• Only a judge can change the order. A defense attorney can ask the court to modify it. Until a judge does, follow it exactly.

If you are the person who was hurt

If you're the protected person and also the one thinking about bailing your partner out, please take a moment first. Bail is a decision about money and responsibility, and co-signing a bond can make you financially responsible if the defendant misses court. Read our guide to co-signing a bail bond before you decide. If you feel unsafe, you can reach the National Domestic Violence Hotline at any time.

What families can do

1. Confirm the charge and bail amount through the jail or a bail agent.
2. Ask whether an EPO was issued, and if so, who it protects and when it ends.
3. Arrange a place to stay if the person can't return home.
4. Write down the court date and make sure the person goes. Missing court can lead to a warrant and loss of the bond.
5. Contact a criminal defense attorney about the charges and any protective order.

If bail is set and you want to use a bond, premiums are typically 10% of the bail amount, based on rates filed with the California Department of Insurance, and payment plans are available. Our page on how bail works explains the rest of the process.

This article is general information, not legal advice. For questions about your case, talk to a criminal defense attorney.

Need help now?

OnCall's licensed bail agents answer 24/7, in English and Spanish, and we handle these calls with discretion. We can confirm the bail amount, explain the conditions, and let you sign from your phone. Call (951) 339-3801 or start bail online.