Silver Law Firm represents people facing domestic violence charges in Cupertino and throughout Santa Clara County. Our attorneys have over 37 years of combined experience defending clients against these allegations.
Our Simply Brilliant defense starts with understanding the timeline of your case—what happens now, what comes next, and how we fight at each stage. Free phone consultations let you speak with a Cupertino domestic violence lawyer about your case. Call us to discuss your situation with our Cupertino criminal defense lawyers.
Building Your Defense Against False Accusations
False accusations drive many domestic violence cases. Relationship conflicts, custody disputes, and divorce proceedings create motivation to fabricate or exaggerate abuse claims. We investigate every case under the assumption that nothing the alleged victim says is automatically true.
Examining the Evidence
Physical evidence can tell a different story from accusations. Are there injuries? Do they match the alleged assault? We’ve seen cases where injuries appeared days after the alleged incident—suggesting they occurred later or were self-inflicted. We examine medical records, photos, and physical evidence critically.
Witness statements also matter. Who else was present? What did they see or hear? Do their accounts match the alleged victim’s story? We interview neighbors, friends, family members, and anyone who might have seen or heard what happened. Witnesses often contradict the prosecution’s version of events.
Why People Make False Claims
Custody battles create strong incentives to lie. A parent who wants full custody knows that domestic violence allegations help achieve that goal. Courts grant protective orders based on accusations alone. Those orders keep you away from your children and give the other parent exactly what they wanted.
Revenge motivates false accusations after relationships end. Someone who feels betrayed or angry wants to punish you. Criminal charges accomplish that goal effectively. You get arrested, you get a record, and you face consequences even if the case is eventually dismissed.
For a free legal consultation with a domestic violence lawyer serving Cupertino, call (510) 995-0000
The Immediate Impact of Domestic Violence Charges
Arrest happens first, often within hours of the alleged incident. Police separate you from the alleged victim, take statements, photograph any injuries, and decide whether to make an arrest. You often don’t get to explain your side of the story, and in fact, you shouldn’t. You should remain silent except to ask for a lawyer.
Protective orders often follow immediately. Emergency protective orders can be issued by police at the scene, lasting five to seven days. If they do, you must leave your home immediately.
You cannot return for clothes, medications, or personal belongings without a police escort. If you live with the alleged victim, you’re suddenly homeless.
What Happens at Booking and Release
Booking takes several hours at the jail. You’re photographed, fingerprinted, and placed in a holding cell. If you post bail, you leave with a court date. If you can’t post bail, you stay in custody until arraignment.
Release conditions restrict your freedom before conviction. You cannot contact the alleged victim directly or through third parties. You cannot go to their home, workplace, or your children’s school if they’re involved. Violating these conditions results in immediate arrest and additional charges.
Cupertino Domestic Violence Lawyer Near Me (510) 995-0000
Child Custody Consequences of Domestic Violence Allegations
Children sometimes become leverage in domestic violence cases. Protective orders often include provisions keeping you away from your own children, even if the children weren’t present during the alleged incident and weren’t harmed.
The alleged victim may request supervised visitation only, claiming you’re dangerous to the children. An accusation alone—not a conviction, just an accusation—can shift custody arrangements.
You go from equal custody to supervised visits or no contact at all. To see your children again, you may need the help of our Cupertino domestic violence lawyers.
How Criminal Cases Affect Family Court
Family court proceedings can run parallel to criminal cases. The alleged victim can file for a restraining order in civil court while criminal charges proceed separately.
Both courts make decisions that affect where you live and when you see your children. These proceedings don’t wait for your criminal case to resolve.
A criminal conviction makes family court custody battles harder. Judges presume that domestic violence affects parenting ability. You may need to complete domestic violence counseling before regaining custody or unsupervised visitation. Some parents never regain the custody arrangement they had before charges were filed.
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Why Choose Our Cupertino Domestic Violence Lawyers
Silver Law Firm has served over 10,000 clients facing criminal charges throughout California. We understand the immediate consequences of domestic violence allegations and the long-term impact of convictions.
Our Investigation Process
We investigate domestic violence cases thoroughly before making recommendations about plea deals or trials. We review all bodycam footage from police responses to see what officers actually witnessed.
We reach out to every possible witness who might have seen or heard what happened. We gather every record—911 calls, dispatch recordings, text messages, emails, social media posts—that might support your defense.
We don’t seek resolution until we’ve turned over every stone. This takes longer than lawyers who rush to plea deals, but it produces more successful outcomes.
We find evidence that the police overlooked. We identify witnesses the police never interviewed. We fight hard to discover any inconsistencies in the alleged victim’s story.
Communication and Representation
All our Cupertino domestic violence attorneys are completely dedicated to criminal defense. We don’t practice family law on the side or handle personal injury cases.
Criminal defense is all we do, which means we know domestic violence law and the prosecutors who handle these cases in Santa Clara County.
We talk to our clients within hours—no more than a day after you contact us. We text, email, or call based on your preference. Protective orders prevent you from contacting the alleged victim, which means you rely on us to communicate about your case. We never leave you waiting for updates about court dates, plea offers, or case developments.
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Get Help with Your Cupertino Domestic Violence Case Today
Domestic violence charges in Cupertino affect your life immediately. Protective orders restrict where you can go and who you can see. The criminal case determines whether you face jail time, fines, and a permanent record. You need an experienced Cupertino domestic violence lawyer who understands what’s at stake.
Silver Law Firm offers free phone consultations to discuss your domestic violence charges. Call us today to speak with an attorney about your case. We’ll explain the charges you’re facing, discuss potential defenses, and answer your questions about protective orders, custody, and next steps.
Don’t wait to get help. The earlier we start investigating your case, the better your chances of protecting your rights and your future. Contact Silver Law Firm now and let us put our unapologetic tenacity to work for you.
Call or text (510) 995-0000 or complete a Free Case Evaluation form