Domestic violence arrests in California are treated differently from most other charges. When a law enforcement officer responds to a domestic dispute and there is evidence of injury or a credible threat, California law , specifically Penal Code 836 , requires the officer to make an arrest. They do not have discretion to let someone off with a warning.
Upon arrest, the booking process begins at the San Joaquin County Main Jail in French Camp or a city holding facility. California law also requires a mandatory hold period before bail can be posted on domestic violence charges , typically a minimum of 12 hours. This hold exists regardless of whether bail is paid.
Additionally, an Emergency Protective Order (EPO) is almost always issued at the time of arrest, which prohibits any contact with the alleged victim. This remains in place until a court hearing. Understanding these rules is essential before posting bail.
California requires a 12-hour mandatory hold on DV arrests before bail can be posted. We prepare everything in advance so we move the moment the hold expires.
At the time of a domestic violence arrest in California, the arresting officer issues an Emergency Protective Order (EPO). This is a court order that immediately prohibits the arrested person from contacting or going near the alleged victim, their home, workplace, or vehicle.
This EPO goes into effect the moment it is issued and lasts until the next court hearing, typically 5 to 7 days. Being released on bail does not cancel the EPO. Violating it is a separate criminal offense and can result in immediate re-arrest and significantly higher bail on the new charge.
At the court hearing following the arrest, the judge may replace the EPO with a Criminal Protective Order (CPO), which can last for the duration of the criminal case and sometimes longer. It is critical to have a defense attorney present at this hearing.
The EPO prohibits any contact , including through third parties. Violating this results in immediate re-arrest. The order must be honored completely.
DV cases move fast in California. An attorney must be retained quickly to appear at the arraignment and address bail, the protective order, and the charges themselves.
Missing a court date results in a bench warrant, bail forfeiture, and the co-signer becoming liable for the full bail amount. Court attendance is non-negotiable.
Courts often require domestic violence counseling or anger management as a condition of bail. Compliance is required to maintain bail and is seen favorably by the court.
DV bail has strict rules and time-sensitive steps. Our agents handle these cases every day and can walk you through everything.
