California Domestic Violence Attorney
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Domestic violence – no charges filed
Rabin Nabizadeh and Tennille Duffy defended a client arrested for multiple domestic violence allegations. The defense secured a declaration from the client’s spouse clarifying the circumstances. Prosecutors declined to file any charges.
Bay Area Domestic Violence Attorneys
- Ex Prosecutors and Police officers now on your side
- Aggressive Domestic Violence Lawyers
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- Offices in San Jose, Redwood City, San Francisco and Oakland
- OUR GOAL IS THE DISMISSAL OF THE CASE
Consequences of a Domestic Violence Conviction in California
A Domestic Violence conviction will carry very serious consequences – including jail time, the imposition of restraining orders, loss of child custody, and a permanent criminal record. In the case of non-citizens, immigration issues present even further difficulties. Whether you have a green card or H1B, F1 or other visa status, you must consider not only the implications in criminal court, but also the dire consequences should Immigration courts become aware of the conviction.
Whether charged as a felony or misdemeanor in Santa Clara, Alameda, San Francisco, or San Mateo County courts, any domestic violence charge must be taken seriously. Technically, even a first misdemeanor offense exposes a defendant to a potential one-year jail sentence, but in reality, that is almost never the result. The real battle, though, is in protecting the clean record and reputation of the defendant. We know that even a first-time conviction can lead to serious consequences and affect your employment prospects, your good name, burden you with a permanent criminal record, impose a restraining order and compromise your immigration status. This is why out objective is the full dismissal of all charges. Where that is not possible, we are skilled as minimizing consequences to protect your reputation.
Common Domestic Violence Charges Under California Law
While the most common type of domestic violence cases involves violence towards a spouse or significant other (spousal battery in violation of penal codes 273.5 or 243e), there are many types of domestic violence cases including: child endangerment, criminal threats, stalking as well as elder abuse. That is, so long as a crime is committed against a person that is “closely related” there is the potential that the District Attorney will charge the matter as a domestic violence case. Once charged, these cases are prosecuted aggressively even if the complaining party is uncooperative or recants his or her statement.
More on the rights of victims of domestic violence
This page cover domestic violence laws in California; the criminal offenses and the laws related to restraining orders, as well as Law Enforcement and prosecution policies that impact these cases. We understand how the local police departments and courts treat these matters, and are experts in directing our clients to resources that are available to help deal with family conflict. Whether the result of financial or professional stress or issues surrounding child raising, families are under a lot of stress. We recognize that these people aren’t criminals, and our aim is always to protect our clients’ rights and reputation, and to keep families together wherever possible.
The following are the most common domestic violence offenses:
In the California Penal Code, there are two main offenses that relate specifically to incidents of domestic violence. They are:
Other offenses that can be charged in domestic violence cases include:
- Violation of restraining order, Penal Code 273.6,
- Child endangerment, Penal Code 273a(b),
- False imprisonment, Penal Code 236 and 237,
- Kidnapping, Penal Code 207(a), and
- Deprivation of child custody order, Penal Code 278.5.
How California Law Defines Domestic Violence
Under California Penal Code 13700(b), domestic violence means “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
There are two important aspects to this definition:
- abuse; and
- the specific kind of domestic relationship between the parties.
The Penal Code goes on to define those terms.
Under Penal Code 13700(a), ‘abuse’ means “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.”
The kinds of domestic relationships that the laws apply to are quite broad. They are:
- people who are married, or who used to be married;
- people who have a child together;
- people who are engaged or dating, or who used to be; and
- people who live together – cohabitants – or who used to live together.
Penal Code 13700(b) says that cohabitants are “two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship.” Courts determine cohabitant status by considering factors such as shared living quarters, financial ties, sexual relations, and the length and continuity of the relationship.”
Types of Conduct Constituting Domestic Violence
Physical abuse: Actions like hitting, slapping, or any form of physical assault fall under domestic violence. In California, even a single act of violence can lead to charges, emphasizing the law’s strict stance on physical abuse.
Emotional abuse: Behaviors that damage someone’s self-esteem or emotional well-being, such as constant criticism or threats, are considered emotional abuse. This type of abuse is taken seriously because it can be just as harmful as physical abuse.
Sexual abuse: Coercing or forcing a partner into sexual activities without their consent is sexual abuse. This is a grave form of domestic violence, recognized for its severe impact on the victim’s physical and psychological health.
Financial abuse: This includes controlling a partner’s money, not letting them have access to their funds, or not allowing them to work. Financial abuse is a way to keep someone dependent and without the means to leave an abusive situation.
Stalking: Following, watching, or constantly contacting someone against their wishes is stalking. It’s a form of domestic violence because it makes the victim feel unsafe and constantly threatened.
Protective Orders in Domestic Violence Cases
When someone is accused of domestic violence, the court can issue a protective order. This order tells the accused to stay away from the victim and not contact them. There are different types of protective orders, depending on how critical the situation is and what kind of protection the victim needs.
The main goal of a protective order is to keep the victim safe. This can mean ordering the accused to move out of their home if they live with the victim or to stay a certain distance away from the victim at all times. Protective orders are a key part of how California law tries to prevent more violence.
Types of Restraining Orders Available
Emergency Protective Order (EPO)
This protective order can be issued immediately when the police believe someone is in danger. It lasts for a short time, usually a few days, to help keep the victim safe until a longer-term solution can be found.
Temporary Restraining Order (TRO)
A temporary restraining order can be placed quickly and last for a few weeks. It’s used while waiting for a full court hearing on a more permanent order.
Permanent Restraining Order (PRO)
After a court hearing, a PRO can be issued for up to five years. It offers long-term protection for the victim.
Criminal Protective Order
This is used when criminal charges are involved. It can last as long as the criminal case does, or even after the case ends, to ensure ongoing safety for the victim.
Penalties for Domestic Violence Convictions in California
If someone is found guilty of domestic violence in California, they can face heavy consequences. The penalties can include time in county jail, fines, and being ordered to stay away from the victim. The law also might require the guilty person to attend anger management or rehabilitation classes. The idea is to both punish and help prevent future violence.
A second conviction for domestic violence can lead to even harsher penalties. This shows how serious California is about stopping domestic violence. In addition to legal penalties, a conviction may impact child custody rights and firearm ownership privileges. The law tries to make sure that those who are violent at home do not harm their families or anyone else.
Sentencing Guidelines and Enhancements
Judges in California follow certain rules when deciding on a sentence for domestic violence. They look at how severe the harm was, whether the accused has a history of violence and other factors. Sometimes, the judge can add more time to a sentence if the violence is really severe or if it happened in front of children.
These guidelines help ensure that the punishment fits the crime and that the law protects victims as much as possible. Judges can also order people found guilty of domestic violence to pay for the victim’s medical bills or counseling. This is part of ensuring that the person who did the harm helps fix some of the damage they caused. The law in California aims to balance punishment with steps that help victims heal and stop future violence.
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How Bay Area Domestic Violence Cases Are Prosecuted
Physical Violence and Threats Under Penal Code 243(e)(1) and 273.5
The California Penal Code makes it a crime to use physical violence against your domestic partner, or to threaten them with physical violence. Of course it is illegal to assault anyone, but when the defendant and the alleged victim are in a special kind of relationship, the law treats that as a more serious kind of offense. Domestic violence offenses under Penal Code 243(e)(1) and 273.5 cover a very broad spectrum of relationships – the laws apply to spouses, people who are engaged, people who are living together in an intimate relationship, and in some cases even people who are dating. They also apply to couples who have separated and parents who have children together, whether they are still together or not. The law applies to both heterosexual couples and same-sex couples.
Restraining Orders in Bay Area Domestic Violence Cases
There are also laws that create a scheme for the imposition of restraining orders under both the Penal Code and the Family Code. These are orders that can be made against people who are accused or suspected of being violent or threatening violence against their current or former domestic partner. The orders are not, by themselves, a criminal charge – rather, they seek to restrain the behavior of the person who is seen as the aggressor in the relationship, in an effort to protect the other person.
Police and Prosecution Policies in Bay Area DV Cases
The final aspect that is important to consider are the policies of the police and the prosecutors. Since specific domestic violence laws were passed in California in the 1980’s, police departments are required to enact special policies and protocols that, among other things, seek to prioritize the arrest of offenders. District Attorneys are also required to prioritize the prosecution of these matters.
The effect of these laws and policies, however, is that the pendulum has now swung too far – many people are arrested unfairly, when their partners do not want to take any action, or when families would be better served by sorting out their own problems. Another issue that arises in domestic violence responses today is that all incidents get ‘thrown in together’ in the system. This results in the courts being clogged by many cases that people could best deal with as a family, and not enough resources being directed to where they really should be, that is, focused on the most serious cases.
Finally, the legal system’s response to domestic violence means that it is not wise for a defendant to try to tackle accusations alone. The system is not set up to assist couples or families to help themselves through these cases – in fact, trying to do so can often make things worse. Every person accused of a domestic violence offense should obtain expert legal advice and representation to navigate the system effectively, and to protect their reputation.
Why You Need a California Domestic Violence Defense Lawyer
If police get involved — whether San Jose PD, Oakland PD, SFPD, or another Bay Area agency — arresting officers will typically make a felony arrest, which leads to felony bail (usually $25,000 to $50,000 depending on the county bail schedule).” It is the District Attorney’s discretion to charge the case as a misdemeanor or a felony. It is highly likely that the District Attorney will charge the matter as a misdemeanor even if you were arrested for a felony.
What happens when police respond to a domestic violence call
What are the penalties for domestic violence in California?
A domestic violence conviction can have very serious consequences – including jail time, the imposition of restraining orders, and a permanent criminal record, and in the case of non-citizens, immigration issues present even further difficulties. The Bay Area — including San Jose, Oakland, San Francisco, and Redwood City — is home to diverse communities, and we regularly represent immigrants from all over the world.” In those cases, our San Jose domestic violence lawyers will work with the specialist immigration attorney on our team to prioritize the protection of our client’s immigration status. If you have already been convicted of a domestic violence offense, please review local domestic violence resources here.
What Happens Once Police Are Involved
The law places quite strict obligations on police officers. Basically, if they are called to a home or other place where there is an allegation that domestic violence has occurred, they must:
- respond to every call requesting assistance in relation to domestic violence;
- determine who the ‘dominant aggressor’ is;
- make an arrest if there is probable cause that an offense has been committed;
- avoid making a dual arrest wherever possible;
- speak to all the occupants of the home, including children;
- give the alleged victim information about their rights, and assistance available;
- ensure that the proper domestic violence reports are completed; and
- forward report and recommendations to the District Attorney’s office.
- issue Emergency Protective Orders in some instances
What Does the Law Require the Police To Do?
Once the police become involved, the complainant loses control of the situation. When the police respond to a domestic violence call, they must follow the policies under the law, and make an arrest wherever there is probable cause. In fact, the ‘Guidelines for Law Enforcement Response to Domestic Violence’ specifically state that an officer should not take into account the complainant’s “preference that an arrest be made, or not be made”.
They also state that they should not take into account further factors including:
- Speculation that the complainant may not follow through with the prosecution,
- Speculation that the case may not result in a conviction,
- Complainant’s history of prior complaints, or
- Verbal assurances that the violence will cease.
These policies severely hamper police discretion. They mean that even in a case where the complainant insists that they want no action taken, the conflict is over, and the police think that there may not be enough evidence to sustain a conviction, they may still be required to make an arrest!
We deal with many cases where, by the time our clients call us, they and their partner wish that the police had never been called. Often, the alleged victim regrets reporting the matter, but it’s not up to them to drop the case. Both parties feel powerless once the police have stepped in.
This is where we can help – a Summit Defense attorney can help you by speaking to the alleged victim if there’s a temporary order in place that prevents you from communicating, and we can let the police and the DA know that they will have an uncooperative victim that does not want to testify against their partner.
If you are either the defendant or the alleged victim in a domestic violence matter, and you want a say in what happens with your case, the best way to do that is to engage an attorney from Summit Defense – we cannot change the fact that someone was arrested, but we can influence the next stage in the proceedings. We will find out which DA is dealing with your case, present mitigating or exculpatory evidence, and work to head off the filing of charges.
Should I Try To Explain Things to the Police?
No, you should not. If you are accused of an offense, there is usually no point in trying to explain things to the police. Given the policies that we have outlined above, the police will make their own decision about the incident based on the statement of the alleged victim and any other evidence or witnesses at the scene– regardless of what the accused person might say to them.
The best thing to do if the police arrive at your home in relation to an incident, or otherwise speak to you about a domestic violence allegation, is to say nothing. You should hire a lawyer immediately, and have them speak for you.
What Should I Say to the Police if I Am Arrested or Questioned?
Nothing – you only have to tell them your name and address, and show some identification if requested. Other than that, it’s best to not say anything at all to the police – your lawyer will speak for you. If you are arrested, you or your family should contact Summit Defense Attorneys immediately – in an emergency, we’re available to help you 24 hours a day, 7 days a week.
In many domestic violence matters, the police will respond and arrive at your home very quickly after receiving a complaint – either from the alleged victim, or perhaps a neighbor who has heard an argument. When you have just been involved in a dispute with your partner, emotions run high and it can be a tense situation.
The police will separate and talk to both you and your partner, they will want to know what happened, and they will often act as if they are just trying to help you sort out the disagreement. The police might try to ask you questions about what has happened, and any allegations made against you, without first arresting you – which means they don’t have to tell you about your right to say nothing. This can lead people to believe that the matter is simply a ‘misunderstanding’ that can be ‘cleared up’ with a brief explanation. However, this is never really what happens – and anything that is said, even in an informal conversation, can be used as evidence against you.
If any kind of allegation is being made against you, you should never answer any questions from the police without first getting legal advice, and you should always have an attorney present when speaking to the authorities.
If you are arrested, the police are required to tell you about your rights. These include your right to silence, and your right to a lawyer. These rights are important and you should take full advantage of them. Being charged and going through the arrest process can be scary and intimidating, and it’s natural for you to want to defend or explain yourself. Keep in mind, though, that nothing you say at that point is likely to stop the police from charging you. Your best chance of presenting a good defense is by remaining silent and consulting a lawyer as soon as you can.
Summit Defense Attorneys defend many cases and it is almost never a good idea for a suspect to talk to the police – in fact, many people have hurt their cases by doing so. The early intervention of an experienced attorney is by far your most effective defense strategy.
If I Am Arrested, Will I Go to Jail?
No, not necessarily – most criminal defendants are entitled to bail. In some cases, bail is not necessary and you can be released on your own recognizance. But in more serious cases, such as where physical violence is alleged, bail will be required – and it may be set at a relatively high amount.
If you are not able to immediately secure your release, we will do everything to ensure that you are released on bail as soon as possible following an arrest. Summit Defense’s first priority will be to use every effort to keep you out of custody.
Once the charging process is complete at the police station, the amount for bail will be set in accordance with the schedule that is applicable in that county. The amount required to secure your bail will depend on the number and seriousness of the charges filed against you. Once it is paid, you will be free to leave the custody of the police.
One additional factor that is relevant to domestic violence cases is the issue of restraining orders. At times, a defendant is released from the police station but there is a restraining order in place that makes it illegal for them to return home, or to have any contact with their partner or children. We explain more about restraining orders in this section of our site, and outline what your Summit Defense attorney can do for you if the conditions of the restraining order are too restrictive.
Can I Settle This Out of Court?
Yes – it is often possible for us to settle your matter out of court. How we can assist you will depend on where your case is procedurally, and the exact nature of the accusations against you.
Some of the things that Summit Defense Attorneys can do in your case include:
- Finding out who the DA is in your case;
- Securing representation for the victim in some cases;
- Suggest resources like family counseling or anger management classes;
- Present exculpatory and positive character evidence to the prosecution, before charges are filed;
- Make the DA aware of problems with their case before charges are filed.
As we have discussed, the priority of law enforcement and the DA in these cases is very often an arrest, followed by the swift filing of charges, and obtaining a restraining order. So for our efforts to be most effective, it is essential to contact us as soon as possible.
I’m Not a US Citizen – Will the Involvement of Police Raise Immigration Issues for Me?
Yes, unfortunately it will. If you are not a citizen and you are accused of committing a domestic violence offense, you need to contact Summit Defense Attorneys immediately – we are the only defense firm in the Bay Area that with a Criminal/Immigration specialist on our team, and he is involved in every case where a person’s immigration status is at risk.
If you are an immigrant, it is especially critical that you have an attorney who is prepared to defend your matter aggressively as the consequences of a Domestic Violence conviction can be severe. We know that many people come to the Bay Area from all over the world to live and work, and many are not US citizens but are on visas, such as the H1 or H1B visa, or have green cards.
We know that if you’re not a US citizen, you need extra assistance to protect against negative immigration consequences. Our clients are educated, hard-working professionals and we do not want to see them suffer the loss of their job, their good reputation, or their immigration status. We bring both our immigration and our criminal defense expertise to the table, and fight to get charges dropped.
If I’m Not a Citizen, Can I Leave the Country With a Domestic Violence Case Pending?
Every case is different – but if you leave the country, it is possible that the Immigration and Naturalization Service (the INS) will not let you back in if you have a case pending. Our specialist immigration attorney can advise you on the best course of action to take in your case.
Immigration issues affect many of our clients, which is why we have an expert immigration attorney at Summit Defense team. He is part of the team for every case where our clients are facing immigration issues, and works with our criminal defense attorneys to develop the best strategies to preserve and protect our clients’ immigration status.
What if I Go to Court Without a Lawyer?
Having legal representation is not only your right, but your best chance of fighting the case against you. Summit Defense Attorneys have handled many domestic violence matters where we have been able to influence the process by presenting mitigating evidence to the DA to have charges dismissed, and where we have also been able to assist our client, and their family, access services to help them deal with conflict in a more positive way in the future.
People accused of domestic violence cannot afford to ignore the allegations, or think that they are something minor that can be sorted out privately. The policies and the laws behind them make it very clear that the police will take action in almost all cases, and the prosecution will fight for a conviction.
The operation of these policies make it vital that anyone who is accused of a domestic violence offense have a skilled and experienced legal representative – this is not something that anyone should try to deal with by themselves.
You should seek legal representation because these cases can have very serious repercussions. A domestic violence charge exposes you to the risks of a criminal record, large fines and jail time, as well as the humiliation and damage to your reputation, and the difficulties of living with a restraining order and being separated from your family. If you are not a US citizen, you face the additional risk to your immigration status – which is why we have an expert immigration attorney on our team.
Defending Against Domestic Violence Charges in the Bay Area
As the largest Criminal Defense firm in the Bay Area, our Domestic Violence lawyers specialize in defending domestic violence cases. We believe that families have a right to sort out their own problems, and we do not want our clients to bear the burden of an unfair criminal conviction. Our first and foremost goal is the complete dismissal of charges. This is why we do everything possible to have these matters dismissed by the DA before charges are filed, and when necessary, vigorously defend domestic violence accusations in court. There are several recognized defenses to domestic violence cases and our attorneys are versed in litigating these defenses.
With offices across the Bay Area, our domestic violence defense team is never far away. Whether you need a San Jose domestic violence lawyer, a San Francisco domestic violence attorney, or an Oakland domestic violence attorney, Summit Defense is ready to fight for the dismissal of your case. Call (866) 703-5233 for a free consultation.
Accused of Domestic Violence: Key Steps You Should Take
- Contact a lawyer: If you’re accused of domestic violence, getting a lawyer who knows about these cases is essential. They can help you know your rights and what steps to take next.
- Follow court orders: If there’s a protective order against you, follow it closely. Not following the order can lead to more trouble with the law.
- Gather evidence: Collect any texts, emails, or other evidence that shows your side of the story. This can be vital in court.
- Avoid contact with the accuser: Even if you think you can fix things by talking, it’s better to stay away until the court says otherwise. This helps prevent more accusations.
- Prepare for court: Work with your lawyer to prepare for your day in court. This might mean gathering witnesses or evidence that supports your case.
- Consider counseling: It can be positive to show that you’re willing to attend counseling or anger management classes, especially if the court hasn’t ordered you to do so yet.
- Stay calm: Dealing with these accusations can be stressful, but staying calm and following legal advice is the best way to handle the situation.
Legal Defenses Against Domestic Violence Charges
- Self-defense: This can be a strong defense if you protect yourself and don’t start the violence.
- False accusations: Sometimes, accusations are made up during fights over things like divorce or child custody. Proving the accusations are false can clear your name.
- Lack of proof: The accuser must prove you were violent. If there’s not enough evidence, the charges might not stick.
- Accidental harm: If you didn’t mean to hurt the accuser and it was truly an accident, this can be a defense.
- Mistaken identity: If someone else was responsible for the harm, proving you were wrongly accused can defend against the charges.
If The Accuser Recants, Is The Case Dismissed?
If the person who accused you of domestic violence takes back their accusation, it doesn’t automatically mean the case will be dropped. The prosecutor can still decide to continue with the case if there’s other evidence of violence. This is because the law wants to make sure that victims aren’t being pressured to take back their accusations. So, even if the accuser changes their story, it’s important to have a strong legal defense.
Why Hiring the Right Lawyer Matters in a Domestic Violence Case
When you are accused of domestic violence, your entire future may be at risk. Choosing the right domestic violence attorney is not just a smart decision; it can be the key factor that determines whether you keep your freedom, your job, or even your relationship with your children.
The person you hire should know how to protect your rights at every step.
Domestic Violence Charges Carry Serious Consequences
A domestic violence charge can lead to life-changing penalties. You may face jail time, loss of custody, a permanent criminal record, and damage to your reputation. In some cases, even a misdemeanor conviction can affect your ability to own a firearm, travel, or keep your job.
For non-citizens, the consequences can be even more severe, including deportation or denial of future immigration benefits. A strong domestic violence lawyer knows how to fight back against these penalties and protect what matters most to you.
A Skilled Lawyer Can Protect Your Rights and Reputation
From the moment you are arrested or served with a restraining order, your rights are on the line. A skilled domestic violence attorney will make sure law enforcement and prosecutors follow the rules. They can challenge weak evidence, push back against unfair charges, and fight to keep your record clean.
Your lawyer should also help manage the impact of the case on your personal life. That means working to protect your custody rights, your employment, and your standing in the community.
Legal Experience Can Influence Case Outcomes
Not all lawyers handle domestic violence cases the same way. An attorney who has handled dozens or hundreds of domestic violence cases will know what arguments work, what judges expect, and how prosecutors build cases. Whether it’s negotiating a plea deal or fighting for dismissal, the right lawyer’s experience can shape how your case ends, sometimes without going to trial.
Should You Hire a Public Defender or Private Attorney?
If you cannot afford a lawyer, the court will appoint a public defender. Public defenders are real lawyers with legal training, but they often carry very heavy caseloads. That means they may not have as much time to dedicate to your case.
A private attorney can usually give more attention to your case, communicate more often, and build a more detailed defense. If your case involves serious charges, complicated facts, or immigration concerns, hiring a private domestic violence lawyer is often the better option. If you’re unsure whether to hire a private attorney, schedule a consultation with Summit Defense. We’ll review your case and help you decide the best path forward.
Let us help you fight for your future
Domestic Violence FAQs
What should I do if I’m arrested for domestic violence in the Bay Area?
If you’re arrested for domestic violence in San Jose, Oakland, San Francisco, or anywhere in the Bay Area, do not make statements to police. Contact a California domestic violence defense lawyer immediately. Summit Defense has offices throughout the Bay Area and offers free consultations to help you understand your charges, potential bail conditions, and defense options before your first court appearance.
What are the penalties for a domestic violence conviction in California?
California domestic violence penalties depend on whether the charge is filed as a misdemeanor or felony. A misdemeanor under Penal Code 243(e)(1) carries up to one year in county jail and a $2,000 fine. A felony under Penal Code 273.5 carries two to four years in state prison. Both can result in mandatory batterer’s intervention programs, protective orders, loss of firearm rights, and a permanent criminal record. For non-citizens, a conviction can trigger deportation proceedings.
Can domestic violence charges be dropped if the victim doesn’t want to press charges?
In California, the district attorney — not the alleged victim — decides whether to pursue domestic violence charges. Bay Area prosecutors in Santa Clara County, Alameda County, and San Francisco County are known for aggressively prosecuting DV cases even when the complaining party is uncooperative or recants. An experienced domestic violence defense attorney can work to present mitigating evidence that may convince the DA to reduce or dismiss charges.
How much does a domestic violence lawyer cost in the Bay Area?
The cost of hiring a domestic violence attorney in the Bay Area varies based on the complexity of the case, whether it’s charged as a misdemeanor or felony, and the attorney’s experience. Summit Defense offers free initial consultations at our San Jose, San Francisco, Oakland, and Redwood City offices so you can discuss your case and understand your legal options before making any financial commitment.
What defenses can a lawyer use against domestic violence charges in California?
Common defenses to California domestic violence charges include self-defense, lack of sufficient evidence, false accusations motivated by custody disputes or anger, and mistaken identity. Our Bay Area domestic violence lawyers evaluate the specific facts of each case — including police reports, witness statements, and physical evidence — to build the strongest possible defense strategy for dismissal or reduced charges.
Will a domestic violence charge affect my immigration status?
Yes. A domestic violence conviction is considered a deportable offense under federal immigration law, regardless of whether it’s charged as a misdemeanor or felony. If you hold an H-1B visa, green card, F-1 visa, or any other immigration status, contact a California domestic violence lawyer who understands both criminal and immigration consequences. Summit Defense is the only Bay Area defense firm with a specialist immigration attorney on our team.
How long does a domestic violence case take in Bay Area courts?
The timeline for a domestic violence case in the Bay Area depends on whether charges are filed as a misdemeanor or felony, the complexity of the evidence, and the specific county court. Misdemeanor cases in Santa Clara County or San Francisco Superior Court typically resolve within three to six months. Felony cases can take six months to over a year. Your domestic violence defense lawyer can often work to resolve the case more quickly through pre-filing intervention or early negotiation with the DA.
Let us help you fight for your future.
When you or a loved one has been charged with a crime, you need to act quickly. Your future depends on the kind of defense you can build, and time is not on your side. Connecting with a Bay Area criminal defense lawyer from Summit Defense can give you a better chance at getting your charges dropped, reduced, or dismissed altogether. We offer in-office visits, but you are welcome to request in-home consultations.
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