San Francisco Domestic Violence Attorney

Get Help From a Domestic Violence Lawyer Near You

Domestic violence cases are severe accusations with grave consequences. Suppose you are facing domestic violence charges in San Francisco. In this case, you need a skilled  San Francisco criminal defense lawyer who will take the time to explain your legal rights and options.

A domestic violence case is punishable by certain restrictions from the victim and family members. Moreover, a domestic violence incident is usually accompanied by other cases such as assault or battery. This could amplify your preceding case and cost you huge money and longer prison time.

Domestic violence cases in San Francisco are prosecuted at the San Francisco Superior Court, Hall of Justice, located at 850 Bryant Street. Summit Defense has extensive experience defending clients in San Francisco Superior Court’s dedicated domestic violence court (Department 13), where our attorneys regularly appear on behalf of individuals facing DV charges in San Francisco County. Our domestic violence attorney in San Francisco has successfully defended clients against domestic violence charges. Our San Francisco domestic violence lawyers will provide you with a free consultation so that we can get started on building your case immediately!

What Are The Consequences Of A Domestic Violence Charge In San Francisco?

Certain restrictions for the defendant usually go with a domestic violence case. The consequences will vary depending on the severity of the case. Your sentence will include community service, probation, and fines if convicted.

• Restrictions on contact with the victim, including a restraining order;
• Inability to own firearms or ammunition;
• Incarceration in county jail or state prison;
• Fines and restitution;
• Community service or probation;
• Loss of child custody or visitation rights;
• Removal from the United States for non-citizens and possible deportation.

You could also be required to attend a batterer's treatment program or anger management course. Furthermore, misdemeanor convictions involving battery crimes will remain on your record for life. This type of criminal record may jeopardize future employment opportunities.

Our San Francisco domestic violence lawyer at Summit Defense will start working on your case at once. We help you create a solid defense strategy to prevent a conviction. This includes challenging evidence presented by the prosecution and making legal motions.

How California Law Defines Domestic Violence in San Francisco Cases

Section 13700 of the California Penal Code defines domestic violence. Under California law, this statute covers the definition of abuse and domestic violence.

As defined in this statute, domestic violence is a crime committed against a spouse, cohabitant, parent, or guardian of the victim. Moreover, this rule also protects the victim's former partner against this type of incident.

Domestic violence is an escalating pattern that includes physical abuse and verbal intimidation. It also includes sexual harassment and economic deprivation. Moreover, it can be charged as a misdemeanor domestic battery which is punishable by up to one year in county jail.

In San Francisco, the District Attorney’s office most commonly files domestic violence charges under Penal Code 243(e)(1) (domestic battery, a misdemeanor that does not require visible injury) and Penal Code 273.5 (corporal injury to a spouse or cohabitant, a wobbler offense that can be charged as a misdemeanor or felony). More serious cases may involve Penal Code 422 (criminal threats) or Penal Code 646.9 (stalking). Under California Family Code Section 6211, domestic violence is defined broadly to include abuse against a spouse, former spouse, cohabitant, dating partner, or co-parent.  Domestic violence charges are usually accompanied by other criminal cases such as assault and battery. Our experienced domestic violence attorney in San Francisco provides an aggressive defense for all clients. Suppose you have been accused of domestic violence in San Francisco. In that case, you must contact our domestic violence defense attorney for a free consultation.

What Happens After a Domestic Violence Arrest in San Francisco?

If you are arrested for domestic abuse, law enforcement will take you into custody. They will transport and keep you in a county jail facility. You will be booked and have to post bail if it is set.

Domestic violence laws in California are stern. Under SFPD Department General Order 6.09, San Francisco police officers follow mandatory arrest protocols for domestic violence incidents. Officers must arrest when there is reasonable cause to believe a felony has occurred, or when a misdemeanor DV offense is committed in their presence. SFPD patrol officers are trained under the department’s Domestic Violence and Stalking Manual to identify the dominant aggressor and preserve evidence—a policy specifically designed to prevent the wrongful arrest of victims. The responding officer must first determine who the abuser was.

Police officers frequently make mistakes when identifying the abuser. This mistake occurred since the officer was not present when the attack started. In most cases, they rule out the caller as the abuser and sometimes assume that the man involved is the abuser. There have been cases when the cops are more likely to arrest men in domestic cases.

You will then have a court hearing to read the charges against you. In San Francisco County, defendants arrested for domestic violence must be brought before a judge within two court days. San Francisco has reformed its pretrial release process—the Sheriff’s Office no longer uses the Superior Court’s pre-arraignment bail schedule. Instead, SF Pretrial Services submits a public safety assessment and release recommendation within eight hours of booking, and a judicial officer must make a release decision within 18 hours. The District Attorney’s office typically opposes pretrial release in DV cases or seeks high bail, and must provide clear and convincing evidence to justify detention. At this time, the judge may release you on your own recognizance or set bail. If you are convicted of a domestic incident, certain restrictions will apply.

If this is your situation, you must quickly call a domestic violence lawyer in San Francisco. Employing a criminal defense attorney by your side will make the legal process easier. They will help you obtain a copy of your SFPD police report filed with the San Francisco District Attorney’s domestic violence prosecution unit, which handles all DV filings in the county.

Types of Domestic Violence Charges Prosecuted in San Francisco

Domestic attacks are criminal threats that can be prosecuted as felonies and misdemeanors. If you are convicted, then these cases may result in imprisonment. You may also face significant fines and restitution fees. Moreover, your criminal record will remain with you for life.

There are different types of domestic crimes. These crimes include physical abuse, emotional abuse, sexual assault, and stalking.

• Physical Abuse (PC 243(e)(1) / PC 273.5). This type of abuse is the use of physical force that results in injury or pain. It can also be defined as threatening to hurt someone or hurting them. Physical violence can also involve pushing, shoving, slapping, punching, and kicking. If you are facing physical abuse charges, a San Francisco assault defense attorney at Summit Defense can help.
• Emotional Abuse (PC 422 / PC 653m). This type of abuse is non-physical. It includes verbal assaults like yelling, name-calling, and shaming. It also includes humiliation and intimidation.
• Sexual Assault (PC 261 / PC 243.4). This crime includes any unwanted sexual contact or advance. It also includes rape and attempted rape.
• Stalking (PC 646.9). Stalking involves harassing or threatening someone repeatedly over a period of time. Even if you don’t carry out the threat, if your behavior causes the other person to worry for their safety, it is termed stalking.
• Child Abuse (PC 273d). This type of domestic attack is defined as inflicting physical or emotional harm on a child. Child abuse can include neglecting the child’s basic needs, such as food, shelter, or medical care.
• Criminal Threats (PC 422). Making threats of serious bodily harm against a family member, partner, or cohabitant. This is a wobbler offense in San Francisco—prosecutors may charge it as a misdemeanor (up to one year in jail) or felony (up to four years in state prison) depending on the circumstances.
• Elder Abuse (PC 368). Physical abuse, neglect, or financial exploitation of a person aged 65 or older. San Francisco prosecutors treat elder abuse cases as a form of domestic violence when the victim and defendant are in a domestic relationship.

Domestic Violence Restraining Orders and Protective Orders in San Francisco

Victims of domestic attacks can apply for an order of protection in San Francisco. This is a legal document that orders the abuser to stop the abuse. It also forbids the abuser from approaching the victim or their children. This is a form of a domestic violence restraining order.

Domestic violence restraining orders will also require the abuser to leave their home. If they violate any part of the order, they can be arrested and punished.

Victims can obtain an order of protection from the police or the court. The police will take them to a local shelter if necessary. The victim can also go to a family law attorney for help to obtain an order of protection.  In San Francisco County, the court typically issues a Criminal Protective Order (CPO) at the arraignment hearing, which prohibits the defendant from threatening, harassing, or having contact with the alleged victim. Violating a CPO is a separate criminal offense. Summit Defense’s San Francisco domestic violence attorneys can help you understand the terms of any protective order and advocate for reasonable modifications when appropriate. If you need a restraining order attorney, our team can also assist.

Summit Defense criminal defense attorneys have experience dealing with domestic violence cases. We understand that these cases can be overwhelming, especially if you are just falsely accused. We are here to help as much as we can. We serve clients throughout San Francisco and the greater Bay Area, including Alameda County, Contra Costa County, San Mateo County, and Marin County.

Defenses Against Domestic Violence Charges In San Francisco

There are a few defenses that you can use against domestic violence charges. These defenses can include self-defense, defense of others, and mutual combat.

• Self-defense. This defense is available if you were acting in self-defense when you committed the act of domestic violence. You have to have a reasonable belief that you would be hurt or murdered.
• Defense of others. This defense is available if you defend another person from harm. You must have reasonably believed that the other person was in danger of being harmed or killed.
• Mutual combat. This defense is available if both parties agree to fight each other. Both parties must have been willing participants in the altercation. If one party were not willing to fight, this defense would not be available.

False accusations. Domestic violence allegations are sometimes fabricated during contentious divorce or child custody disputes. Our San Francisco DV defense attorneys thoroughly investigate the accuser’s motives and inconsistencies in their statements to the SFPD.  Lack of evidence / insufficient proof. The prosecution bears the burden of proving domestic violence charges beyond a reasonable doubt. If the evidence is weak, our San Francisco criminal defense lawyers will challenge the prosecution’s case and seek dismissal or reduction of charges.  In any case, employing a San Francisco domestic violence attorney will help you immensely. Each case is unique, so hiring an experienced criminal defense attorney will help you handle your case. They will build a specific and effective defense strategy for your case.

If you are facing domestic abuse charges, it is crucial to speak with an experienced domestic violence lawyer as soon as possible. Summit Defense criminal defense attorneys have successfully defended clients against all types of domestic violence charges. We are here to help you get the best possible outcome in your case. Contact us today for a free consultation.

Arrested for domestic violence in San Francisco? Call Summit Defense at (415) 666-2316 for a free, confidential consultation with a San Francisco DV defense attorney. We are available 24/7 for emergency arrests.

San Francisco Domestic Violence Resources and Support Services

If you are a victim of domestic violence, several resources are available. These resources include:

• Asian Women’s Shelter. This organization houses victims of domestic attacks and their children. They also help sex trafficking victims by offering case management services. Multilingual support is available in Spanish, Filipino, Chinese, Arabic, and Russian. Victims can contact them through this line: (877) 751-0880.
• Brennan House. They offer 18-month housing for domestic attack victims. This shelter also helps victims by providing them with counseling and support groups. You can also reach their shelter at 415- 255- 2894.
• Community United Against Violence (CUAV). This shelter helps LGBTQIA+ victims of domestic attacks and hate crimes. You can reach their safety line at 415-333-4357.
• La Casa De Las Madres. Their emergency shelter program houses victims for eight weeks. They accommodate adult and domestic teen victims. Their 24-hour emergency lines are (877) 503-1850 for adults and (877) 923-0700 for teens. Text support is also available at (415) 200-3575.
• Woman, Inc. This shelter offers an emergency crisis line for domestic abuse survivors. Moreover, they also provide crisis management and individual therapy. Victims can reach them by calling this toll-free line at 877-384-3578.
• SFPD Special Victims Unit. Handles domestic violence investigations in San Francisco. Contact: (415) 553-1361, Monday–Friday, 9 a.m.–5 p.m.
• San Francisco DA’s Victim Services Division. Provides trained advocates for domestic violence victims navigating the criminal justice process. Contact: (628) 562-4100, Monday–Friday, 8 a.m.–4 p.m.

Why Hire Summit Defense as Your San Francisco Domestic Violence Lawyer?

Summit Defense's team of experienced domestic violence attorneys will fight for your rights. We can also assist you in reaching the best possible outcome for your case. Our aggressive San Francisco domestic violence attorneys team provides a free consultation.

Our San Francisco criminal defense law firm also provides a free initial case evaluation. Summit Defense criminal defense lawyers will thoroughly research your case. We give firm legal counsel and support you throughout the criminal defense process.

Our domestic violence defense attorneys in San Francisco provides excellent legal help for those wrongly accused. They will also battle by your side to protect your rights and prove your innocence.  Our attorneys know the San Francisco Superior Court system inside and out—from the dedicated DV court in Department 13 at 850 Bryant Street to the specific prosecutors and judges who handle domestic violence cases in this jurisdiction. If your case may benefit from a diversion program or plea negotiation, we can guide you through San Francisco’s court-ordered 52-week Batterer Intervention Programs (BIPs), including state-certified programs like GLIDE’s Men In Progress program.

Summit Defense respects your rights and understands your challenging situation. This is why we provide high-quality legal services to assist you in getting out of any bogus domestic attack accusations.

Frequently Asked Questions About Domestic Violence Charges in San Francisco

Domestic violence is a serious and complex area of criminal law in San Francisco. Below, our San Francisco domestic violence defense attorneys answer the most common questions we receive from clients facing DV charges in San Francisco County.

What are the penalties for a domestic violence conviction in San Francisco?

Domestic violence penalties in San Francisco are severe and depend on the specific charges filed by the San Francisco District Attorney’s office. A misdemeanor domestic battery conviction under PC 243(e)(1) carries up to one year in San Francisco County Jail and fines up to $2,000. A felony charge under PC 273.5 (corporal injury) can result in up to four years in California state prison. Beyond incarceration, a conviction can trigger a restraining order, mandatory completion of a 52-week Batterer Intervention Program, loss of firearm rights, and a permanent criminal record that affects employment and housing. Non-citizens convicted of domestic violence in San Francisco may face deportation proceedings. If you are facing DV charges in San Francisco, contact a domestic violence defense attorney immediately to protect your rights.

How does a domestic violence conviction affect my life in San Francisco?

A domestic violence conviction in San Francisco has consequences that extend far beyond the courtroom. You may lose custody or visitation rights in San Francisco family court proceedings. A misdemeanor DV conviction under PC 243(e)(1) stays on your criminal record permanently in California unless you successfully petition for expungement under PC 1203.4. You will lose your right to own or possess firearms under both California and federal law. Employers, landlords, and professional licensing boards in San Francisco can access your criminal record, which may affect your job, housing, and career. An experienced San Francisco domestic violence lawyer at Summit Defense can work to get charges reduced or dismissed to minimize these long-term impacts on your life.

Will a domestic violence charge in San Francisco affect my child custody case?

Yes, a domestic violence charge or conviction can significantly impact your child custody case in San Francisco family court. Under California Family Code Section 3044, there is a rebuttable presumption that a parent convicted of domestic violence within the past five years should not receive sole or joint physical custody. San Francisco family court judges take DV allegations very seriously, and even a pending charge—before any conviction—can influence temporary custody orders and visitation restrictions. This is why it is critical to hire a San Francisco domestic violence defense attorney who understands both the criminal and family law implications. Summit Defense works to protect your parental rights while defending you against the criminal charges.

What are the most common domestic violence charges filed in San Francisco?

The San Francisco District Attorney’s office most commonly prosecutes domestic violence under two statutes: Penal Code 243(e)(1), which covers domestic battery (a misdemeanor that does not require visible injury), and Penal Code 273.5, which covers corporal injury to a spouse or cohabitant (a “wobbler” that can be charged as a misdemeanor or felony). Other common DV-related charges in San Francisco include criminal threats (PC 422), stalking (PC 646.9), child abuse (PC 273d), and elder abuse (PC 368). If you have been arrested or charged with any domestic violence offense in San Francisco, Summit Defense’s experienced DV defense attorneys can evaluate your case and begin building your defense strategy.

How much does a domestic violence attorney cost in San Francisco?

The cost of hiring a domestic violence defense attorney in San Francisco varies depending on the complexity of your case, the severity of the charges, and whether the case goes to trial. Misdemeanor DV cases typically cost less than felony charges that require extensive investigation and court appearances. At Summit Defense, we offer a free initial consultation so you can understand your legal options before committing to representation. We believe that everyone accused of domestic violence in San Francisco deserves access to quality legal defense, and we work with clients to find a fee arrangement that fits their situation. Call our San Francisco office at (415) 666-2316 to discuss your case confidentially.

Can I get a domestic violence charge expunged in San Francisco?

In many cases, yes. Under California Penal Code 1203.4, you may petition the San Francisco Superior Court to expunge (dismiss) a domestic violence conviction once you have successfully completed probation and met all court-ordered requirements. Expungement withdraws your guilty plea and dismisses the case, which can help with employment and housing applications. However, an expunged DV conviction still counts as a prior offense if you are charged with domestic violence again, and it does not restore firearm rights. A San Francisco domestic violence attorney at Summit Defense can evaluate your eligibility and handle the expungement petition on your behalf through the San Francisco County court system.

How long do domestic violence charges stay on your record in San Francisco?

A domestic violence conviction in San Francisco stays on your California criminal record permanently unless you take legal action to remove it. Both misdemeanor and felony DV convictions will appear on background checks conducted by employers, landlords, and licensing boards. Under California law, you may be eligible to petition for expungement (PC 1203.4) after completing probation, or for a Certificate of Rehabilitation for felony convictions. If charges were dismissed or you were found not guilty, you can petition to seal the arrest record under PC 851.91. The timeline and process vary depending on the specific charges and outcome of your case. Contact Summit Defense’s San Francisco office for a free consultation to discuss your options for clearing your record.

Should I hire a domestic violence lawyer in San Francisco or use a public defender?

While San Francisco Public Defender’s office provides capable attorneys, they often handle extremely high caseloads that limit the time and resources they can dedicate to each case. Hiring a private San Francisco domestic violence defense attorney gives you personalized attention, more thorough investigation of the facts, and a defense strategy tailored specifically to your situation. A private attorney can spend more time negotiating with the San Francisco DA’s office, conducting independent witness interviews, and preparing for trial if necessary. At Summit Defense, our San Francisco domestic violence lawyers limit their caseloads so they can give each client the aggressive, detail-oriented defense their case demands. Contact us for a free consultation to discuss your case.

What happens at a domestic violence arraignment in San Francisco?

After a domestic violence arrest in San Francisco, you will be brought before a judge at the Hall of Justice (850 Bryant Street) for arraignment within two court days. At arraignment, the judge reads the formal charges, you enter a plea (typically not guilty at this stage), and the court determines bail or pretrial release conditions. San Francisco has reformed its pretrial release process—SF Pretrial Services provides a risk assessment within eight hours of booking, and a judicial officer must make a release decision within 18 hours. The court typically issues a Criminal Protective Order at this hearing. Having a San Francisco domestic violence attorney present at your arraignment is critical, as this is when bail arguments and protective order terms are set. Summit Defense can represent you from your very first court appearance.

Where do I find a domestic violence attorney near me in San Francisco?

If you are searching for a domestic violence attorney near you in San Francisco, Summit Defense is here to help. Our San Francisco criminal defense team handles DV cases throughout San Francisco County, including cases heard at the Hall of Justice at 850 Bryant Street. We offer free consultations and can meet with you in person or by phone to discuss your case. You can reach our San Francisco domestic violence lawyers at (415) 666-2316 or submit your case details through our online free case evaluation form. We also serve clients in nearby jurisdictions including Oakland, San Mateo, Marin County, and throughout the Bay Area.

San Francisco Domestic Violence Attorney Near Me – Contact Summit Defense for a Free Consultation

As established in previous sections, domestic abuse is a heinous crime with grave punishments. You must not take these charges lightly, especially if you are being framed as an abuser. Employing legal help from an experienced San Francisco domestic violence lawyer can significantly increase your chances of achieving justice in your name.

If you need legal help with your situation, we are here for you! At Summit Defense, our seasoned San Francisco domestic violence defense lawyers can help you clear your name and bring the truth to light. We offer free consultations and are available 24 hours a day, 7 days a week for emergency domestic violence arrests in San Francisco. Serving all of San Francisco County from our Bay Area offices.  You may contact us at our San Francisco line (415) 666-2316. You can also send your case details via our online free case evaluation form.