The actor spends time in jail after his wife, Diane Lane, phones police

Actor Josh Brolin was arrested Sunday in the West Los Angeles home he shares with his wife of four months, Diane Lane, who phoned police claiming that he had hit her, L.A. police officer Grace Brady tells New York’s Daily News.

Brolin, 36, was charged with spousal battery. He was released after posting $20,000 bail, said Kelly Bush, a spokeswoman for the couple.

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“There was a misunderstanding at their home,” Bush tells the Daily News, saying that the arrest was “for the lowest-end misdemeanor charge of domestic battery. … Diane did not want to press charges and asked them not to arrest him, but in cases involving the possibility of any physical contact, the police have to arrest first, ask questions later.

Bush said the two are back together in their home “and are embarrassed the matter went this far.”

Brolin is due back in court on Jan. 13, the New York Post reports.

The actor, who is the son of James Brolin, married the Oscar-nominated star of Unfaithful in a private ceremony on his 97-acre ranch north of L.A. in August. It was a second marriage for both.

Brolin, the star of TV’s Mr. Sterling and the stepson of actress Barbra Streisand, told PEOPLE last year that his relationship with Lane, 39, felt “right, really right.”

He was previously married to Deborah Adair, with whom he has a son, Trevor, 16, and a daughter, Eden, 11.