The Bayern Munich defender has been summoned to court in Madrid on October 19 and will then have 10 days to voluntarily enter prison.
Four years ago, France international Hernandez was sentenced to 31 days of community service for assaulting Amelia Ossa Llorente when he was an Atletico Madrid player.
The 25-year-old, who moved to Germany in 2019, was also given a restraining order to stop him being within 500 metres of his partner, which he later broke.
Ms Llorente was also given 31 days of community service for violence, assault and damage to property, while Hernandez was convicted of domestic violence against her.
Ms Llorente was taken to hospital with minor injuries, but neither of the couple pressed charges.
After being given the retaining order, Hernandez was found defying the court order when he landed in Madrid with his wife after their marriage and honeymoon.
Hernandez was an unused substitute as France won the UEFA Nations League final 2-1 against Spain.