Domestic Violence Bail Bonds in California — What You Need to Know

California Penal Code 1270.1 requires that anyone arrested for domestic violence be held for a minimum of 48 hours before they can be released on bail. This hold is mandatory — it applies regardless of the bail amount, regardless of whether the alleged victim wants the person released, and regardless of how quickly bail is posted.

Even if you call a bail bondsman within an hour of the arrest and post bail immediately, the defendant will not walk out until the 48-hour hold expires. This is the law. There is no way around it.

The 48-hour hold exists because domestic violence cases have a high rate of re-offense in the immediate aftermath of an arrest. The hold is designed to give the alleged victim time to leave the shared residence, obtain a protective order, and make safety arrangements before the defendant is released.

What this means practically: if your family member was arrested on a Friday night, they will not be released until Sunday at the earliest — and if Sunday falls on a holiday, it may be Monday. Plan accordingly. Post bail as soon as possible so the release happens the moment the hold expires, rather than waiting additional hours for the bond to be processed after the hold lifts.

Two types of protective orders are issued in domestic violence cases, and they operate on different timelines.

Emergency Protective Order (EPO): Issued by the responding police officer at the scene of the arrest. It takes effect immediately and lasts 5–7 days. The EPO prohibits the defendant from contacting the alleged victim, returning to the shared residence, or coming within a specified distance of the victim. The officer issues it without a court hearing — it is automatic.

Criminal Protective Order (CPO): Issued by the judge at arraignment. It replaces the EPO and typically lasts for the duration of the criminal case — which can be months or years. The CPO has the same prohibitions as the EPO but is a formal court order.

Both orders are enforceable by law enforcement. Violating either order is a separate crime — PC 273.6 — that carries its own jail time and its own bail. A violation of the protective order while out on bail will almost certainly result in bail being revoked and the defendant being taken back into custody.

The defendant cannot return to the shared residence if the alleged victim lives there. This is true even if the victim wants them back. The order is between the defendant and the court — not between the defendant and the victim.

Here are the actual bail amounts for domestic violence charges across Southern California counties:

PC 273.5 — Corporal Injury to Spouse or Cohabitant:
- Los Angeles County: $50,000
- Orange County: $50,000
- San Bernardino County: $50,000
- Riverside County: $50,000

PC 273.5 with great bodily injury (GBI enhancement):
- All counties: $100,000+

PC 243(e)(1) — Domestic Battery (misdemeanor, no visible injury):
- All counties: $10,000

PC 422 — Criminal Threats:
- All counties: $50,000

PC 273.5 with prior domestic violence conviction:
- Bail increases significantly; judge has discretion to raise above schedule

PC 273.5 with weapon:
- Additional weapons charge adds to bail; total can reach $100,000–$150,000

A bail bond costs 10% of the bail amount. A $50,000 bail bond costs $5,000. Payment plans are available. Call me and I will confirm the exact bail amount from the booking record.

Arraignment in a domestic violence case is the first court appearance after arrest. It typically happens within 48 hours of the arrest for in-custody defendants — which, combined with the mandatory hold, means the defendant may go directly from the hold to arraignment.

At arraignment, the judge:
- Formally reads the charges
- Issues the Criminal Protective Order (replacing the EPO)
- Rules on bail — may keep it at the schedule amount, raise it, or lower it
- Sets the next court date

The prosecutor will often argue for higher bail in domestic violence cases, especially if there are prior DV convictions, a weapon was involved, or the injuries were serious. A defense attorney at arraignment can argue for lower bail and present evidence of the defendant's ties to the community.

If the defendant does not have a private attorney, the public defender will represent them at arraignment. The public defender may have limited time to prepare, which is why having a private attorney present at arraignment — even just for the bail hearing — can make a significant difference in the bail amount.

This is a practical question that families often do not think about until after bail is posted — and it needs to be answered before bail is posted.

The defendant cannot return to the shared residence if the alleged victim lives there. The protective order prohibits it. If the defendant shows up at the shared residence, they will be arrested for violating the order — and bail will likely be revoked.

Before you post bail, figure out where the defendant will stay. Options:
- A family member's home (not the victim's family)
- A friend's home
- A hotel or motel
- A sober living facility if substance abuse is a factor

The defendant will also need to arrange for their belongings. They cannot go to the shared residence to get them. In some cases, a police escort can be arranged to retrieve essential items — the attorney can help coordinate this.

Having a plan for housing before bail is posted prevents a crisis the moment the defendant walks out of jail.

This is the most common question I hear from families in domestic violence cases, and the answer is almost always the same: the victim does not control whether charges are filed or prosecuted.

In California, domestic violence cases are prosecuted by the District Attorney's office — not the victim. Once police respond to a domestic violence call and make an arrest, the case belongs to the DA. The victim can choose not to cooperate, decline to testify, or write a letter to the DA asking that charges be dropped. But the DA can proceed without the victim's cooperation — and often does.

Prosecutors in Southern California are aggressive about domestic violence cases. They have seen too many cases where the victim recanted under pressure and the defendant went on to seriously injure or kill the victim. They do not rely solely on victim testimony.

This means: even if the victim wants the defendant home and does not want to press charges, the case may proceed for months. The defendant needs bail. The protective order applies. The case has to be resolved in court.

Get an attorney. Post bail. Do not assume the case will go away on its own.