October 21, 2026
After a domestic violence arrest in California, the person is booked and then either released or held on bail. The court must bring the person before a judge within 48 hours of arrest excluding Sundays and holidays. A protective order that bars contact the alleged victim often follows. An emergency order lasts a few days while a court order can last until a judge changes it. The district attorney decides whether to file charges, and the alleged victim cannot end the case alone. The most common charges are corporal injury to a partner under Penal Code 273.5 and domestic battery under Penal Code 243(e)(1). An arrest is an accusation and not a conviction.
A domestic violence arrest sets several things in motion at once: booking, bail, protective orders and a charging decision. The person arrested and the family often have only a few hours to understand them.
This guide walks through the stages in order. It explains what each one means and what the person arrested should and should not do. It is general information and not advice for a specific case. If you or someone you care about was arrested a lawyer can review the specific facts and the paperwork.
Police arrest in domestic violence cases when they find probable cause that an offense occurred. California law tells every agency to adopt written domestic violence policies that encourage arrest when there is probable cause. The alleged victim’s wishes do not control the decision.
California defines domestic violence as abuse against a spouse, former spouse, cohabitant or former cohabitant. It also covers the other parent of the suspect’s child and anyone the suspect has or had a dating or engagement relationship with. Abuse means intentionally or recklessly causing or attempting to cause bodily injury or placing someone in reasonable fear of imminent serious bodily injury. A cohabitant is one of two unrelated adults who live together for a substantial period in a relationship with some permanency.
Two other rules shape arrests:
The person is taken to jail for booking and then is released or held on bail until a judge sees the case. The stages usually run in this order:
| Stage | What happens |
| Booking | Fingerprints, photos and a record of the alleged offense |
| Emergency protective order | An officer can request one from a judge at any hour and it can bar contact and require the person to move out |
| Bail or release | Bail follows the county schedule unless a judge sets a different amount |
| Arraignment | The first court appearance within 48 hours of arrest excluding Sundays and holidays |
| Charging decision | The district attorney decides what charges if any to file |
At the first appearance a judge may also release the person on their own recognizance (a promise to return) or with conditions.
Bail varies by county. In San Mateo County the Superior Court’s 2026 schedule lists $25,000 for felony corporal injury to a partner under Penal Code 273.5(a). The same offense charged as a misdemeanor is $10,000 as is misdemeanor domestic battery under Penal Code 243(e).
The scheduled amount is only a starting point. Under Penal Code 1270.1 a judge must hold a hearing in open court on two days’ written notice before releasing a person on bail above or below the schedule or on their own recognizance for certain domestic violence charges. These include felony corporal injury under 273.5 and domestic battery under 243(e)(1). The judge considers past court appearances and the maximum possible sentence and any danger to others. Defend CA explains the schedule in its guide to the San Mateo County bail schedule.
An emergency protective order is a short-term order that a judge issues at a law enforcement officer’s request. A judge can issue one when an officer reports reasonable grounds to believe a person is in immediate and present danger of domestic violence based on a recent incident or threat. The California Courts self-help site says a judge is available around the clock and the order can bar contact and require the person to move out of a shared home. It can also prohibit firearms.
The order ends at the close of judicial business on the fifth court day after it is issued or on the seventh calendar day after issuance. Whichever comes first applies. A longer order requires a court hearing.
A criminal protective order is issued by the judge in the criminal case. Penal Code 136.2 requires a court to consider one in any domestic violence case. The court’s standard form bars the defendant from contacting the protected person directly or through anyone else and from coming within a stay-away distance. It also bars harassing or threatening the protected person and owning or buying firearms.
The protected person cannot cancel or change the order. According to the Judicial Council form the order stays in effect even if the protected person invites or consents to contact. Only another court order can change it. Pretrial orders last until the court says otherwise. After a conviction an order can last for years. The form lists up to 10 years under Penal Code 136.2 and up to 15 years under Penal Code 273.5(j).
A violation can lead to a new arrest and a separate charge so the safest course is to treat the order as binding until a judge changes it.
The two charges most often tied to a domestic violence arrest are Penal Code 273.5 and Penal Code 243(e)(1). Other charges can be added depending on the facts such as criminal threats or assault with a deadly weapon.
| Charge | What it covers | Penalty range under the statute |
| PC 273.5 corporal injury to a partner | Willfully inflicting a traumatic condition on a spouse or cohabitant or dating partner or the parent of the person’s child | State prison for 2, 3 or 4 years or county jail for up to one year or a fine of up to $6,000 or both |
| PC 243(e)(1) domestic battery | A battery against the same list of protected persons | County jail for up to one year or a fine of up to $2,000 or both |
A traumatic condition means a wound or injury of any severity and the statute includes injury from strangulation or suffocation. Section 273.5 is a wobbler so it can be charged and sentenced as a felony or a misdemeanor. A prior domestic violence conviction within seven years raises the range. For background see DefendCA’s guide to how wobblers work in California.
If the person receives probation Penal Code 1203.097 sets standard terms. These include probation of at least 36 months and a batterer’s intervention program of at least one year with weekly sessions and a fee of at least $500 unless the court reduces or waives it.
No. The San Mateo County District Attorney’s office says that dropping charges can only be done by a prosecutor with the approval of a judge and that the victim’s wishes do not control the outcome. An alleged victim can tell the prosecutor what they want and that information can matter but the decision is the prosecutor’s. A lawyer for the person charged can talk with the prosecutor and review the evidence.
A protective order can bar firearms right away and a conviction can bar them for years. The Judicial Council form requires the person to turn in firearms and ammunition to local law enforcement or sell or store them with a licensed dealer within 24 hours. The person must file a receipt with the court within 48 hours.
After a conviction Penal Code 29805 lists misdemeanor convictions under sections 243 and 273.5 among those that bar firearm possession for years. Federal law may add its own limits so a lawyer should review both before any plea.
Sometimes but not through the most common route. Penal Code 1001.95 lets a judge offer misdemeanor diversion over a prosecutor’s objection but it excludes offenses involving domestic violence as defined in Penal Code 13700. The statute on domestic battery provides no diversion of its own.
That leaves other paths in some cases:
None of these is guaranteed and each depends on the facts, the court, the prosecutor and the person’s record. Defend CA’s page on dismissal or reduction of charges explains the general options.
A conviction can have severe immigration consequences and a plea decision should wait for advice from a lawyer who handles criminal immigration issues. The Immigrant Legal Resource Center’s California chart states that Penal Code 273.5 is always a deportable crime of domestic violence. It also states that a sentence of 364 days or less on any single count can help avoid aggravated felony treatment. The chart was last updated in July 2023 so a lawyer should confirm current law.
Different charges carry different immigration consequences and the ILRC lists several that may be safer than others. Do not assume that a lower-sounding charge is safe.
Follow every court order and speak with a California criminal defense attorney before discussing the facts with anyone. These steps are general information and not advice for a specific case:
In San Mateo County criminal cases are heard at the Superior Court’s Southern Branch in Redwood City or the Northern Branch in South San Francisco. Defend CA’s guide to the criminal court process in San Mateo County explains each stage. Thomas Greenberg handled San Mateo County cases as a Deputy Public Defender and now practices privately in Redwood City. Defend CA’s domestic violence defense page lists the charges the firm handles.
A domestic violence arrest starts a fast sequence of protective orders and bail decisions and a charging decision by the district attorney. What happens next depends on the charge and the evidence and the person’s record.
If you or someone you know was arrested Thomas Greenberg can review the paperwork and the protective order and explain the next steps. Call (650) 242-0021 or contact the firm to ask about a free consultation. No result can be promised and every case is different.
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