Being accused of domestic violence puts you in a legal situation that requires careful handling from the start. A San Jose Domestic Violence Lawyer should understand how these cases are charged and be prepared to question the evidence, not accept it at face value.
The San Jose criminal defense lawyers at Silver Law Firm focus solely on California criminal cases. With over 30 years of experience and more than 10,000 clients served, the firm is known for thorough preparation and steady judgment.
Cases are not rushed toward a resolution. Our work is deliberate, tailored, and simply brilliant, guided by unapologetic tenacity and a focus on results.
What Counts as Domestic Violence in California?
In California, domestic violence is defined less by what happened and more by who was involved. Domestic violence allegations may apply when the accusation involves:
- Current or former spouse
- A dating partner
- Someone you live with or previously lived with
- A co‑parent
- Certain family members, such as a parent, sibling, or grandparent
Common charges connected to domestic violence cases include domestic battery, assault, criminal threats, and false imprisonment. The facts of each case matter. Situations involving minor contact or verbal disputes can be interpreted differently once police become involved, especially during emotionally charged calls.
If you have questions about how California law applies to your situation, speaking with a San Jose domestic violence defense attorney can help clarify your situation.
For a free legal consultation with a domestic violence lawyer serving San Jose, call (510) 995-0000
Penalties for Domestic Violence Charges
Domestic violence charges in California are taken seriously and can be filed as either misdemeanors or felonies. The difference often comes down to the facts of the case, such as whether there were injuries, how serious those injuries were, and whether there is any prior history.
Some penalties you might face include:
- Jail or prison time
- Fines ranging from hundreds to thousands of dollars
- Mandatory DV counseling
- Restraining or protective orders
- Loss of child custody or visitation rights
- Loss of professional licenses
- A permanent criminal record that can affect your employment
Many of these offenses are known as “wobblers,” meaning they can be charged as either a misdemeanor or a felony. That decision is usually made by the prosecutor based on the evidence and circumstances.
An experienced domestic violence lawyer in San Jose can argue for reduced charges or alternative resolutions.
San Jose Domestic Violence Lawyer Near Me (510) 995-0000
We Can Protect Your Rights
When you are charged with domestic violence, a lawyer’s job is to take control of the legal side of the situation and protect you from unnecessary damage. These cases often move fast, with conditions that can affect your daily life almost immediately.
We will start by reviewing the police reports, witness statements, and any available video or audio evidence. We look for signs of bias, improper procedures, or errors in the investigation.
Some common defenses include:
- The alleged victim made the report out of anger or revenge
- There was no physical contact or threat of harm
- You acted to protect yourself or someone else
- The evidence does not support the accusation
- The arresting officer made an unlawful arrest or violated your rights
Our goal is to build a defense strategy based on facts, not fear. You deserve a lawyer who fights for your future. Our legal team will stand by your side throughout the entire legal process and work hard to shield you from a life-changing conviction.
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How Can a Lawyer Help If I Am Falsely Accused of Domestic Violence?
False accusations don’t stay informal for long. Once law enforcement gets involved, the situation often takes on a life of its own, even if the claims are exaggerated or untrue. A lawyer’s role is to keep the case grounded in what can actually be proven. That starts with a careful review of the evidence.
Police reports, body‑camera footage, text messages, 911 tapes, medical reports, and witness statements are examined for gaps, contradictions, and missing context.
Details that seem minor at first can change how the case is viewed. A lawyer also looks at how the investigation was handled and whether procedures were followed correctly.
Just as important, a lawyer helps you avoid missteps while the case is pending. Knowing when to speak, when to stay silent, and how to comply with court orders can make a real difference in how the case unfolds for victims of false allegations.
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Why Choose Our San Jose Domestic Violence Lawyers?
Elliot Silver has extensive experience defending people accused of crimes. He is known for his hands-on approach, deep legal knowledge, and willingness to stand up for his clients.
Domestic violence accusations can cause long-term harm to your reputation, your family, and your freedom. You need a lawyer who understands what’s at stake and knows how to win.
When you work with our domestic violence lawyers in San Jose, you will always receive honest guidance and clear communication. We work closely with you every step of the way and respond quickly when you call or message us.
Whether your case involves a misdemeanor charge or a felony accusation, we are ready to help.
What Are Domestic Violence Classes?
California domestic violence classes are court‑ordered programs that often come with probation after a domestic violence charge. If you are convicted or accept a plea, the court typically requires enrollment in a certified batterer’s intervention program.
These classes usually meet once a week for about two hours and run for 52 weeks. The court sets strict rules. You must complete the program within 18 months of the probation order, and attendance is closely tracked. Missing more than three classes can put you in violation of probation, which may lead to additional penalties or even jail time.
The classes focus on behavior, accountability, and understanding how conflict is handled. They are not optional, and judges take compliance seriously.
If batterer intervention programs are ordered in your case, it is important to understand the requirements early so that you do not create new problems while trying to resolve the original charge.
Speak to Our Experienced Team Today
If you are facing criminal charges related to domestic violence in Santa Clara County, the steps you take right now matter. Court orders, including a restraining order, can affect where you live, who you can contact, and your ability to see your children. Misunderstanding those rules can lead to new charges, even without new allegations.
The San Jose domestic violence attorneys at Silver Law Firm can help you make sense of what is happening and what comes next.
Our criminal defense attorneys review the allegations, whether they involve domestic violence or related accusations such as child abuse, and explain how the local courts handle these cases.
You will have a clear understanding of your rights and responsibilities from the start. Contact our law office today to schedule a free consultation and discuss how our domestic violence attorneys can help you move forward.
Call or text (510) 995-0000 or complete a Free Case Evaluation form
