San Jose Domestic Violence Lawyer
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Our experienced San Jose domestic violence attorney at Summit Defense are experienced and knowledgeable of the criminal justice system in California. Our law office provides legal services to help you defend your rights and prove your innocence. You can call us at 1 (866) 560-4276 to make an appointment or visit our San Jose Law Offices and avail our free consultation with our experienced domestic violence defense attorney.
Was your husband or wife just arrested? Read our guide: What to Do If Your Husband or Wife Is Arrested for Domestic Violence in San Jose. It covers bail, the DA’s Domestic Violence Unit, the 911 call, and how charges are sometimes avoided.
Experienced Domestic Violence Defense in San Jose
Criminal defense involves protecting the rights of people against wrongful convictions and protecting their constitutional rights. These matters require extensive experience and an aggressive approach. Our San Jose criminal defense attorney team at Summit Defense provides legal advice based on years of experience handling various criminal cases.
We adhere strictly to deadlines set by the courts and ensure to give our best in all proceedings. Our clients’ interests are of paramount consideration, and every case is of high value to us. Call us for a free consultation to know more about how you can establish your defenses. Free yourself from worries of imprisonment or paying fines, and contact us as soon as possible.
San Jose Domestic Violence Information Center
- How Domestic Violence Cases Move Through Santa Clara County
- What Counts as Domestic Violence in California
- Defending a Domestic Violence Charge
- Penalties and Long-Term Consequences
- Local And National Resources For Domestic Violence
- Allegations And Filing Domestic Violence Charges
- Arrest Warrant For Domestic Violence Charges
- Court Process In Domestic Violence Charges
- The Plaintiff Can’t Turn Back When A Domestic Violence Charge Has Been Filed
- Evidence in Domestic Violence Cases
- Challenging Testimony in Domestic Violence Trials
- Domestic Violence Cases Involving Children
How Domestic Violence Cases Move Through Santa Clara County
Many Arrests Are Booked as Felonies
In our experience, officers are trained to treat any domestic incident involving even the slightest injury as a felony and to book it that way. Most of these cases are later filed as misdemeanors, or not filed at all. That gap has a lasting cost: if the District Attorney never files charges on a felony domestic violence arrest under Penal Code § 273.5, the five-year statute of limitations for that offense generally means you cannot seal the arrest record until five years have passed. Bringing in a defense attorney before the filing decision can influence what, if anything, gets filed.
Where Your Case Will Be Heard
Domestic violence cases in San Jose are assigned to Department 43.
Bail and the Stay-Away Order
Bail is typically set within about 6–8 hours of arrest, and bail for misdemeanor domestic violence is commonly $10,000. To lift a criminal stay-away order in Santa Clara County, the protected person generally must first complete a 6-hour victim awareness class.
What the DA’s Domestic Violence Team Typically Offers
Every case is different, and results depend on the facts and the strength of the evidence. In our experience, the Santa Clara County DA’s domestic violence team commonly:
- Allows anger management sessions as part of a plea, without promising a reduced charge.
- Depending on the nature of the case and the evidence, offers a reduction to Penal Code § 415, often considered immigration-safe, with probation denied, so you can later petition to expunge the record without being placed on probation. Immigration consequences should still be reviewed case by case; see our immigration section.
- Offers dismissal where there is sufficient mitigation.
Why the Timing of Your Mitigation Matters
The DA’s domestic violence team carries a heavy caseload. In our experience, prosecutors won’t review a mitigation packet until about a week before the court date, and won’t consider one that arrives just days before court. We prepare mitigation early and deliver it when it will actually be read.
Diversion and Treatment Programs
Misdemeanor diversion is not available for domestic violence charges. Mental health diversion remains available when its requirements are met. Completing the Domestic Violence Accountability Program (DVAP), a 16-week court-approved educational and counseling program, can also be valuable mitigation. The Santa Clara County Superior Court maintains a list of approved DVAP providers.
What Counts as Domestic Violence in California
California defines domestic violence broadly: abuse or threats against a spouse or former spouse, a cohabitant, a dating partner, a co-parent, or a close family member. The most common charges are domestic battery (Penal Code § 243(e)(1)) and corporal injury to a spouse or cohabitant (Penal Code § 273.5). Learn more on our domestic violence page.
Defending a Domestic Violence Charge
Common defenses include self-defense, false accusations, accident, and insufficient evidence. See our full guide to domestic violence defenses.
Penalties and Long-Term Consequences
Penalties range from probation with a 52-week batterer’s program to jail or prison, along with protective orders, firearm restrictions, and immigration consequences. See domestic violence penalties and consequences.
San Jose Practice Areas
Local And National Resources For Domestic Violence
California Partnership to End Domestic Violence – also known as the partnership, is California’s domestic violence coalition that aims to prevent or address domestic violence in California. The partnership advocates for good policy-making toward the defense of domestic violence victims and the community’s education to prevent further abuses and violence.
Sacramento, CA 95812-1798
Toll Free: 800-524-4765
Phone: 916-444-7163
Fax: 916-444-7165
Stand! For Families Free of Violence – an organization that provides counseling services for all affected by domestic violence.
1410 Danzig Plaza, Suite 100
Concord, CA 94520
Telephone: +1 925 676 2845
Crisis Line: +1 888 215 5555
FAX: +1 925 676 0532
Center for Domestic Peace – a support group for men and women who are victims of domestic violence.
734 A Street
San Rafael, CA 94901
Phone: (415) 457-2464
Fax: (415) 457-6457
TTY: (415) 457-2421
CORA: Community Overcoming Relationship Abuse – provides family support and crisis intervention programs for domestic violence victims. They also provide legal advice and workshops to provide a community of integrity, respect, and love for all.
2211 Palm Avenue
San Mateo, CA 94403
Business Line: 650-652-0800
Fax: 650-652-0808
Alameda Family Services – provides mental health services, childhood education, and family support.
2325 Clement Ave.
Alameda, CA 94501
(510) 629-6300
Community United Against Violence – provides programs for healing victims of abuse and leadership programs to impact communities positively.
Crisis line (415) 333-HELP
427 South Van Ness Avenue
San Francisco, CA 94103
ph: (415) 777-5500
fax: (415) 777-5565
Abuse, Violence & Anger Cessation Alliance – programs for people with anger or violence problems.
342A – 9th Street, Suite 218
San Francisco, CA 94103
Main: (415) 553‐7825
Fax: (415) 553‐7825
Axis Community Health Mental Health Services offers a 20-week anger management course and counseling for adults, couples, families, and children.
Address: 4361 Railroad Avenue Pleasanton, CA 94566
Phone: (925) 201-6240
“VIP” Violence Intervention Program – a program of the Public Health Department that provides mental health services for trauma survivors and perpetrators.
Community Justice Center
555 Polk Street
San Francisco, CA 94102
ph: (415) 292-2565
St. Vincent de Paul Society of San Francisco
crisis line (415) 831-3535
1175 Howard Street
San Francisco, CA 94103
ph: (415) 552-2943 x206
fax:(415) 552.0337
Asian Women’s Shelter – Provide emergency shelter, support, and counseling, with specialized services for non-English speaking Asian women and their children.
Crisis line (415) 751-0880
3543 18th Street, #19
San Francisco, CA 94110
ph: (415) 751-7110
fax: (415) 751- 0806
W.O.M.A.N., Inc. – city-wide San Francisco service that provides shelter availability information and has special programs for lesbians and Latina women.
Crisis line (415) 864-4722
333 Valencia, Suite 251
San Francisco, CA 94103
ph: (415) 864-4777
fax: (415) 864-1082
Midway Shelter of Alameda – housing and assistance for women and children suffering from homelessness and domestic violence.
24 hour service: 1-866-A WAY OUT (1-866-292-9688)
Questions: (510) 523-2377 or (510) 357-0205 ext.206
A Safe Place – comprehensive domestic violence services in Oakland for women, girls, and children.
Tel: 510.986.8600
Fax: 510.986.8606
24-Hour Crisis Line: 510.536.7233
Building Futures – provides emergency, temporary, and short-term housing for women and children, leaving family violence.
1395 Bancroft Ave.
San Leandro, CA 94577
Main Line: 510-357-0205
Fax: 510-357-0688
24-Hour Toll-Free Crisis Line
1-866-A-WAY-OUT
1-866-292-9688
Building Futures – has a specialized children’s program.
1395 Bancroft Ave.
San Leandro, CA 94577
Main Line: 510-357-0205
Fax: 510-357-0688
24-Hour Toll-Free Crisis Line
1-866-A-WAY-OUT
1-866-292-9688
APA – Family Support Services – provides home visitation to at-risk Asian families with children 0-5; parenting education; and victim support services.
10 Nottingham Place
San Francisco, CA 94133
ph: (415) 206-5450
fax: (415) 206-4778
Family Paths – offices in Oakland, Fremont, and Hayward. Provide family support, counseling services, parenting classes, and referrals to other service providers.
24-hour support and referrals: 1800-829-3777
Allegations And Filing Domestic Violence Charges
Contact law enforcement to report any domestic violence. Law enforcement takes action through any of the following:
- Calling 911. The alleged victim or witness of the incident should call 911 to report the incident to the police. Arrests shall be made only after the officer has thoroughly investigated the incident.
- Filing of domestic violence charges. The police department may file charges with the District Attorney’s office. The alleged victim can also personally file criminal charges against the perpetrator.
Arrest Warrant For Domestic Violence Charges
The police issue an arrest warrant upon filing domestic violence charges against the person charged. An arrest warrant is a written order to take a person into custody. The order is issued by a police officer based upon the affidavit of another person, usually an alleged victim who has filed charges in court. Once the warrant has been issued, it will be sent to a statewide computer system so that all California law enforcement agencies can view the warrant information.
At this point, hiring a San Jose domestic violence defense attorney can help your cause. The accused can avail of the right to counsel immediately upon arrest. The criminal defense lawyer can file a motion to quash the arrest warrant.
Court Process In Domestic Violence Charges
Criminal courts are where all domestic violence cases are tried. The court process starts with the prosecutor formally charging the defendant with a crime. The court then will set a trial date and notify the defendant of that trial date and the conditions for bail.
- Arraignment. Defendants are brought into court to hear the charges against them. The defendant shall be informed of the criminal charge and asked to enter a plea. The defendant must decide whether they will fight the charges or accept them.
- Pre-Trial. At this stage, the defendant is entitled to meet with the prosecutor. They can enter into negotiations with the prosecution to obtain a reduction in charges or penalties. The parties will also have the opportunity to examine the evidence that will be presented at trial.
- Trial. The prosecutor and the domestic violence attorney shall present their case and state their arguments before the judge or jury. The accused may choose to testify on their behalf and present evidence that the accused is innocent. The trial proceedings shall be the basis of the final decision on the case.
The Plaintiff Can’t Turn Back When A Domestic Violence Charge Has Been Filed
Once the plaintiff formally files charges for domestic violence, the State is now legally obligated to complete the case. The State becomes the party to the case because of its nature as a criminal case. The plaintiff now becomes the prosecution’s witness and shall cooperate with the prosecution throughout the proceedings, including giving evidence, deposition, and appearing in court hearings.
An experienced domestic violence attorney can help those charged with domestic violence understand how to address their defense. It will be advantageous to consult an attorney before appearing in court for any hearing or deposition.
Evidence in Domestic Violence Cases
Prosecutors often build domestic violence cases on 911 recordings, body-camera footage, photographs of injuries, and statements made at the scene. How that evidence was gathered, and what it actually shows, is often where a defense begins. See how to prove innocence in a domestic violence case.
Challenging Testimony in Domestic Violence Trials
In some instances, testimonial evidence can be disputed as immaterial, or the person testifying is not competent enough to make a fair statement against the defendant. The defendant has the right against self-incrimination, and there are questions in a trial that he may not answer because of that right.
The defendant can also allege that the person testifying is of unsound mind. In a domestic violence case, the victim is deemed incompetent to testify if they cannot comprehend the nature of an oath required of witnesses. A domestic violence attorney has all the knowledge and capabilities to ensure that the defendant’s interests are protected from malicious and incriminating questions.
Domestic Violence Cases Involving Children
The criminal justice system imposes additional penalties if the domestic violence case involves children. A domestic violence case involving children can be classified as child abuse, child neglect, or child endangerment.
- Child abuse is defined under California Penal Code §11165. Such abuse is knowingly causing or permitting a child to suffer pain or mental suffering, which results in an injury to the child’s health, including physical, mental, or emotional well-being.
- Child neglect is also defined under Penal Code §11165. Such neglect occurs when a parent fails to provide necessary food, clothing, shelter, or medical treatment for the child.
- Child endangerment is when a person in a domestic relationship with the child or when any person responsible for a child’s welfare recklessly causes or permits the child to be placed in a situation where his/ her health is endangered.
Talk To San Jose Domestic Violence Lawyer Today For A Free Consultation
Defending the rights of those accused of domestic violence is our cause. Do not be overwhelmed by the charge. Instead, know what to do and learn about your legal rights. Our San Jose domestic violence defense attorney at Summit Defense is here to give you legal advice and establish your defenses. Contact Summit Defense Law Office through our online form or call us at 1 (866) 560-4276 for a free consultation.
Recent Domestic Violence Blog Posts
- What Should I Do If I’m Falsely Accused of Domestic Violence?
- How a Domestic Violence Conviction Can Affect Your Future
- Gun Ownership After a Domestic Violence Charge in California
- Can I Be Arrested for Verbal Domestic Violence Without Physical Contact?
- What Is the Difference Between a Misdemeanor and Felony Domestic Violence Charge?
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.
Contact Us Now For a Free Consultation