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.
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.
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:
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:
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:
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."
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.
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.
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.
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
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.
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 (800) 929-0451 for a free consultation.
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.
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.
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.
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.
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.
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.
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.
Rabin Nabizadeh is a dedicated criminal defense attorney with extensive experience in both Federal and State courts. He has successfully represented clients in cases ranging from Misdemeanor DUI and Theft to serious felonies such as Grand Theft, Burglary, Sex Crimes, and Murder. Notably, Mr. Nabizadeh possesses a unique understanding of Immigration Law, allowing him to adeptly navigate cases with both criminal and immigration consequences. Fluent in Hebrew and Farsi, he also enjoys playing classical guitar in his spare time.
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