Bail for a domestic violence charge in California typically runs $10,000 to $20,000 for misdemeanor domestic battery and $50,000 to $100,000 for a felony involving physical injury. Those figures come from county bail schedules and apply at booking, before you ever see a judge. In every domestic violence case, a mandatory court hearing follows, and the judge can raise or lower the number based on the facts. Release almost always comes with a criminal protective order and a prohibition on possessing firearms.
Misdemeanor Domestic Battery Bail
Misdemeanor domestic battery under Penal Code 243(e)(1) covers unlawful force against a spouse, cohabitant, co-parent, or dating partner where the victim does not suffer a visible or significant injury. The offense carries up to one year in county jail, a fine of up to $2,000, and a mandatory batterer’s treatment program if probation is granted.1California Legislative Information. California Penal Code 243 – Battery
Scheduled bail for this charge usually falls between $10,000 and $20,000 for a first offense, and climbs sharply with each prior. San Diego County’s 2026 schedule is a good illustration:
- First offense: $10,000
- Second offense: $20,000
- Third offense: $40,000
Those are San Diego numbers specifically.2Superior Court of California, County of San Diego. 2026 Bail Schedule Each county writes its own schedule, so the same charge can carry a different amount depending on where the arrest happens. The schedules are public, usually posted on the local superior court’s website, and jail booking staff can tell you the exact scheduled amount for the booked charge.
Felony Domestic Violence Bail
Felony domestic violence under Penal Code 273.5 applies when the accused inflicts a “traumatic condition” on a spouse, cohabitant, co-parent, or dating partner. The statute defines that condition broadly: any wound or injury, external or internal, including strangulation or suffocation, whether minor or serious, caused by physical force.3California Legislative Information. California Penal Code 273.5 – Infliction of Corporal Injury A visible bruise or a red mark from grabbing can be enough to trigger this charge.
Bail is substantially higher. Orange County’s 2026 felony schedule sets PC 273.5 at $50,000 for a first offense and $100,000 when the defendant has a prior conviction under the same statute within the past seven years.4Superior Court of California, County of Orange. 2026 Uniform Bail Schedule – Felony Los Angeles County lists identical amounts: $50,000 at the base level and $100,000 with a prior PC 273.5 conviction.5Superior Court of California, County of Los Angeles. Felony Bail Schedule That consistency is common across major California counties. Smaller or rural counties may set different figures.
Why the Scheduled Amount Isn’t the Final Number
The bail schedule is the starting point. Once a judge handles the case, Penal Code 1275 directs the court to weigh four factors in deciding whether to stick with the scheduled amount, raise it, or lower it, with public safety as the primary concern:6California Legislative Information. California Penal Code 1275 – Bail Considerations
- Public safety, meaning the risk the defendant poses to the alleged victim and the broader community.
- Seriousness of the offense: the nature and extent of the alleged injury, use of any weapon, and threats to the victim or witnesses.
- Criminal history, especially prior domestic violence offenses, which push bail higher.
- Flight risk, measured by local ties, employment, family, and any history of missed court dates.
A few details tend to drive bail up fast: children present during the alleged incident, a victim who needed hospital treatment, or a violation of an existing protective order. These signal elevated danger, and judges respond accordingly.
The Mandatory Hearing Before Bail Can Change
Domestic violence cases carry a procedural step that most other charges don’t. Under Penal Code 1270.1, before a judge can set bail above or below the scheduled amount, or release the defendant on their own recognizance, for charges under PC 273.5 or PC 243(e)(1), the court must hold a hearing in open court.7California Legislative Information. California Penal Code 1270.1 – Release on Bail; Hearing Required Both prosecution and defense get two court days’ written notice and the chance to argue. If you don’t have a lawyer, the court appoints one for this hearing.
If the judge departs from the scheduled bail, the reasons must be stated on the record, and the court must specifically address any threats allegedly made against the victim or witnesses. For the defense, this is the moment to present community ties, employment, a safe alternative place to stay, and anything else that argues for a lower number. Own-recognizance release, where no money is posted, is technically available for non-capital offenses,8California Legislative Information. California Penal Code 1270 – Own Recognizance Release but it’s uncommon in felony DV cases and far from automatic even in low-level misdemeanor battery cases.
What You Actually Pay Through a Bail Bond
Most people cannot produce $50,000 in cash on short notice. A bail bond company will post the full amount in exchange for a premium, which in California is standardly 10% of the total bail. On a $50,000 felony DV bail, that’s $5,000 out of pocket, and the premium is non-refundable regardless of how the case ends.
For high-value bonds, the company usually wants collateral to cover the rest of its exposure:
- Real estate with equity meeting or exceeding the bond amount. The company places a lien on the title until the case concludes.
- Vehicles. You surrender the title but can generally keep driving.
- Valuables such as jewelry or electronics, sometimes requiring an appraisal and often held physically by the bond company.
If the defendant makes every court appearance and the case concludes normally, collateral is released and any liens are removed. If the defendant skips, the bond company faces forfeiture of the full bail and will pursue the defendant and any co-signers to recover its losses.
Protective Orders and the Firearm Ban
Posting bail does not mean walking out with no restrictions. Courts routinely issue a criminal protective order at the defendant’s first appearance.9Superior Court of California, County of Santa Clara. Criminal Protective Orders A no-contact order bars all communication with the protected person: no calls, texts, visits, or messages through third parties. A peaceful-contact order allows contact but prohibits anything hostile, threatening, or harassing. Which type the judge issues depends on the severity of the allegations and the victim’s input.
Violating a protective order is a separate criminal offense that will land you back in jail with new charges and higher bail. A single text to the protected person under a no-contact order is a violation, no matter how innocent the message seems. Logistics like retrieving belongings or arranging custody need to go through your attorney, not through direct contact.
Penal Code 136.2 requires the court to consider issuing a protective order on its own motion in a DV case, and it mandates that the defendant not own, possess, or purchase any firearm while the order is in effect, and surrender any firearms already owned.10California Legislative Information. California Penal Code 136.2 – Protective Orders in Criminal Cases Knowingly possessing a firearm while subject to such an order is itself a crime, punishable by up to one year in county jail, a fine of up to $1,000, or both.11California Legislative Information. California Penal Code 29825 – Firearm Prohibition Under Protective Orders You must surrender firearms to local law enforcement, sell them to a licensed dealer, or transfer them to a licensed dealer for safekeeping. Federal law under 18 U.S.C. 922(g)(8) makes it a federal felony to possess any firearm or ammunition while subject to a qualifying domestic violence protective order.12Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Judges may add other conditions as well: electronic monitoring with a GPS ankle bracelet, a stay-away distance, drug and alcohol testing, or a curfew.
Missing a Court Date
Skipping court after posting bail sets off an immediate cascade. The judge issues a bench warrant, so any contact with law enforcement, even a routine traffic stop, puts you back in jail. The court declares the bail forfeited, and if a bond company posted it, the company now owes the full amount and will come after you and any co-signers.
The damage goes beyond money. When you’re brought back before the court, expect bail to be set much higher or denied outright. The underlying domestic violence charge doesn’t disappear because you failed to appear; it gets harder to defend.
What To Do Right After the Arrest
Confirm the exact charges first. Bail depends on whether the booking charge is PC 243(e)(1) or PC 273.5, and on whether enhancements for prior convictions apply. Booking paperwork or jail staff can tell you the specific charge and the scheduled amount.
Get an attorney involved before the PC 1270.1 hearing. That is where bail gets set or adjusted, and a lawyer who can present employment, no prior record, and a safe alternative place to stay makes a real difference. A public defender will be appointed if you can’t afford private counsel, but only for the bail hearing itself under PC 1270.1.
Treat the protective order as absolute from the moment you leave custody. The most common path back into jail with higher bail is contacting the protected person, often with innocent intentions. Any contact, if the order forbids it, is a violation. Handle shared logistics through your attorney and keep the distance the order requires.