Pen. Code, § 836 · Chapter 5. Arrest, by Whom and How Made
Pen. Code, § 836
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a warrant, may arrest a person whenever any of the following circumstances occur:
(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence.
(2) The person arrested has committed a felony, although not in the officer’s presence.
(3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.
(b) Any time a peace officer is called out on a domestic violence call, it shall be mandatory that the officer make a good faith effort to inform the victim of their right to make a citizen’s arrest, unless the peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of Section 243 or of Section 273.5. This information shall include advising the victim how to safely execute the arrest.
(c) (1) When a peace officer is responding to a call alleging a violation of a domestic violence protective or restraining order issued under Section 527.6 of the Code of Civil Procedure, the Family Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, Section 213.5 or 15657.03 of the Welfare and Institutions Code, or of a domestic violence protective or restraining order issued by the court of another state, tribe, or territory and the peace officer has probable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order, the officer shall, consistent with subdivision (b) of Section 13701, make a lawful arrest of the person without a warrant and take that person into custody whether or not the violation occurred in the presence of the arresting officer. The officer shall, as soon as possible after the arrest, confirm with the appropriate authorities or the Domestic Violence Protection Order Registry maintained pursuant to Section 6380 of the Family Code that a true copy of the protective order has been registered, unless the victim provides the officer with a copy of the protective order.
(2) The person against whom a protective order has been issued shall be deemed to have notice of the order if the victim presents to the officer proof of service of the order, the officer confirms with the appropriate authorities that a true copy of the proof of service is on file, or the person against whom the protective order was issued was present at the protective order hearing or was informed by a peace officer of the contents of the protective order.
(3) In situations where mutual protective orders have been issued under Division 10 (commencing with Section 6200) of the Family Code, liability for arrest under this subdivision applies only to those persons who are reasonably believed to have been the dominant aggressor. In those situations, prior to making an arrest under this subdivision, the peace officer shall make reasonable efforts to identify, and may arrest, the dominant aggressor involved in the incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider (A) the intent of the law to protect victims of domestic violence from continuing abuse, (B) the threats creating fear of physical injury, (C) the history of domestic violence between the persons involved, and (D) whether either person involved acted in self-defense.
(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect commits an assault or battery upon a current or former spouse, fiancé, fiancée, a current or former cohabitant as defined in Section 6209 of the Family Code, a person with whom the suspect currently is having or has previously had an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom the suspect has parented a child, or is presumed to have parented a child pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), a child of the suspect, a child whose parentage by the suspect is the subject of an action under the Uniform Parentage Act, a child of a person in one of the above categories, any other person related to the suspect by consanguinity or affinity within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship, a peace officer may arrest the suspect without a warrant where both of the following circumstances apply:
(1) The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.
(2) The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.
(e) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 25400 when all of the following apply:
(1) The officer has reasonable cause to believe that the person to be arrested has committed the violation of Section 25400.
(2) The violation of Section 25400 occurred within an airport, as defined in Section 21013 of the Public Utilities Code, in an area to which access is controlled by the inspection of persons and property.
(3) The peace officer makes the arrest as soon as reasonable cause arises to believe that the person to be arrested has committed the violation of Section 25400.
(f) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 459.5 when the violation was not committed in the officer’s presence if all of the following conditions are met:
(1) The officer has probable cause to believe the person committed the violation.
(2) The arrest is made without undue delay after the violation.
(3) Any of the following takes place:
(A) The officer obtains a sworn statement from a person who witnessed the person to be arrested committing the alleged violation.
(B) The officer observes video footage that shows the person to be arrested committing the alleged violation.
(C) The person to be arrested possesses a quantity of goods inconsistent with personal use and the goods bear security devices affixed by a retailer that would customarily be removed upon purchase.
(D) The person to be arrested confesses to the alleged violation to the arresting officer.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 168, Sec. 4. (AB 2943) Effective January 1, 2025.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=836.
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
Family Code
- Fam. Code, div. 10PREVENTION OF DOMESTIC VIOLENCEPrinted as Division 10 (commencing with Section 6200) of the Family Code
- Fam. Code, § 6209Printed as Section 6209 of the Family Code
- Fam. Code, § 6380Printed as Section 6380 of the Family Code
- Fam. Code, div. 12, pt. 3UNIFORM PARENTAGE ACTPrinted as Part 3 (commencing with Section 7600) of Division 12 of the Family Code
Penal Code
- Pen. Code, § 243Printed as Section 243
- Pen. Code, § 273.5Printed as Section 273.5
- Pen. Code, § 459.5Printed as Section 459.5
- Pen. Code, pt. 2, tit. 3, ch. 4.5Peace OfficersPrinted as Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
- Pen. Code, § 1203.097Printed as Section 1203.097 of this code
- Pen. Code, § 13701Printed as Section 13701
- Pen. Code, § 25400Printed as Section 25400
Public Utilities Code
Cited by 28 provisions
Provisions in this library whose text cites Pen. Code, § 836. Each shows the citation as that text prints it.
Harbors and Navigation Code
Penal Code
- Pen. Code, § 243Printed as Section 836
- Pen. Code, § 243.5Printed as Section 836
- Pen. Code, § 273.5Printed as Section 836
- Pen. Code, § 368.6Printed as Section 836
- Pen. Code, § 830.3Printed as Section 836
- Pen. Code, § 830.31Printed as Section 836
- Pen. Code, § 830.32Printed as Section 836
- Pen. Code, § 830.33Printed as Section 836
- Pen. Code, § 830.34Printed as Section 836
- Pen. Code, § 830.35Printed as Section 836
- Pen. Code, § 830.36Printed as Section 836
- Pen. Code, § 830.37Printed as Section 836
- Pen. Code, § 830.38Printed as Section 836
- Pen. Code, § 830.7Printed as Section 836
- Pen. Code, § 830.8Printed as Section 836 | Section 836 of this code
- Pen. Code, § 830.83Printed as Section 836
- Pen. Code, § 830.9Printed as Section 836
- Pen. Code, § 830.11Printed as Section 836
- Pen. Code, § 830.12Printed as Section 836
- Pen. Code, § 840Printed as Section 836 or 837
- Pen. Code, § 853.6Printed as Section 836
- Pen. Code, § 917Printed as Section 836
- Pen. Code, § 919Printed as Section 836
- Pen. Code, § 924.6Printed as Section 836
- Pen. Code, § 25850Printed as Section 836
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