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

There is no mandatory 72-hour hold for domestic violence in California. Most people arrested on a DV charge can be bailed out once they are booked and bail is set. In some cases, like some restraining order violations or when bail needs to be set higher or lower than the bail schedule, a judge has to see them first. Chad checks whether there is a hold the moment you call.

When a judge does need to see them, it is usually at the next court day, at arraignment. Chad will tell you which situation you are in, so you are not waiting on a hold that does not exist.

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.

The standard charges are PC 243(e)(1), domestic battery, and PC 273.5(a), corporal injury to a spouse or partner. In Chad's experience, bail on these is usually $25,000 to $50,000.

With added charges, like child endangerment, criminal threats or a weapon, or with prior DV convictions, bail can be $100,000 or more.

Every county has its own bail schedule, and the judge can raise or lower the amount. Call Chad and we will look up the exact bail.

Most of Chad's bonds are written at 6%, 7% or 8%. Not only do we have payment plans, we have some no money down options for those who qualify.

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 — if the person has not already bailed out.

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.