Former Spy Kids franchise actor Robert Vito will not face felony charges related to a recent alleged domestic violence incident.

The former child star, 37, avoided being hit with a felony after the Los Angeles County District Attorney’s Office bumped his case down to the Los Angeles City Attorney’s Office, according to TMZ.

The City Attorney’s Office only has the ability to file misdemeanor charges, and it is still unclear if he will face any of the less-severe charges.

The LA County District Attorney’s Office had reportedly determined that Vito’s case was not severe enough to be eligible for any felony charges.

Prosecutors have been examining Vito’s case since he was arrested earlier this month after an alleged altercation with his then-girlfriend Lindsey Jennings, though the couple have since broken up.

Just six days after the arrest, a judge in Los Angeles issued Jennings a restraining order against Vito, with whom she shares a three-year-old son, Bode Vito Armando Diaz.

Spy Kids 3 star Robert Vito, 37, will not face felony charges for a recent alleged domestic violence incident after the LA County District Attorney’s Office bumped the case down to the LA City Attorney’s Office, according to TMZ; pictured with now-ex Lindsey Jennings

Vito (R) is best known for appearing in Spy Kids 3: Game Over. The 2003 Robert Rodriguez film amᴀssed $197M at the global box office despite dismal reviews

The Spy Kids 3: Game Over actor was released on the morning of November 9 after posting $50,000 bond and spending the night in jail, according to TMZ.

Robert and the INdustry INsiders staffer share a son, whom they were both pictured with on Halloween, but she also has three older children.

Read More Spy Kids 3 alum Robert Vito arrested for felony domestic violence

LAPD officers arrived at the former couple’s LA-area home on on the night of November 8 and ‘saw visible markings’ on Lindsey, who alleged that Vito (last name Diaz) ‘pushed her into some furniture’ after ‘drinking all day.’

Jennings claimed the iPOP LA children’s acting coach began ‘choking’ and ‘wrestling’ her after ‘throwing their son on a couch’ and ‘knocking him down,’ but cops confirmed the toddler appeared ‘fine.’

Robert was nominated for a Young Artist Award for best ensemble in a feature film in 2004 for his performance as rude gamer Rez in Spy Kids 3: Game Over.

Robert Rodriguez’s 2003 family action three-quel — which features Antonio Banderas, Carla Gugino and Sylvester Stallone — amᴀssed $197 million at the global box office despite receiving dismal reviews.

In 2005, Vito portrayed Kate Mara’s onscreen brother David Owens in Mary Lambert’s direct-to-video horror three-quel, Urban Legends: Bloody Mary.

The LA City Attorney’s Office is only able to file charges for misdemeanors, though it’s unclear if he will face any charges going forward

On Thursday, a Los Angeles judge granted Lindsey Jennings (R, pictured July 19) a temporary restraining order against her babydaddy – Spy Kids 3: Game Over alum Robert Vito (L) – six days after his arrest for felony domestic violence

Robert and the INdustry INsiders staffer share one child – three-year-old son Bode Vito Armando Diaz – whom they were both pictured with on Halloween, but she has three older children

LAPD officers arrived at the former couple’s LA-area home on November 8 and ‘saw visible markings’ on Lindsey, who alleged that Vito ‘pushed her into some furniture’ after ‘drinking all day’ (pictured July 22)

Jennings claimed the iPOP LA children’s acting coach began ‘choking’ and ‘wrestling’ her after ‘throwing their son on a couch’ and ‘knocking him down,’ but cops confirmed the toddler appeared ‘fine’ (pictured July 12)

Robert was nominated for a Young Artist Award for best ensemble in a feature film in 2004 for his performance as rude gamer Rez in Spy Kids 3: Game Over (pictured)

The Tampa-born actor has also guest starred in episodes of Chicago Hope, Buffy the Vampire Slayer, The Bernie Mac Show, Port Charles, and American Dreams. 

His career as a screen actor appears to have dried up in recent years, as his last credited performance on IMDb is from the 2011 movie Robotropolis.

Efforts to contact the actor were unsuccessful.

So far he doesn’t appear to have publicly commented on his arrest or subsequent legal developments.