In California, even a misdemeanor domestic violence conviction can lead to jail time. If you are facing charges, a Los Gatos criminal defense lawyer can defend you.
A domestic violence accusation can upend your life overnight. You could find yourself removed from your home, cut off from your family, and suddenly fighting to protect your reputation. A Los Gatos domestic violence lawyer from Silver Law Firm can handle your case and help build a winning defense.
What Is Domestic Violence in California?
Under California law, domestic violence refers to harm or threats of harm against an intimate partner, cohabitant, or family member. The law doesn’t just cover physical assaults—it also includes emotional abuse, intimidation, and other forms of coercive behavior.
Even if the alleged victim doesn’t press charges, the state can still pursue them. That’s why you should contact a domestic violence lawyer in Los Gatos as soon as you learn of an accusation.
For a free legal consultation with a Criminal Defense lawyer serving Los Gatos, call (510) 995-0000
Types of Domestic Violence Charges in Los Gatos
The severity of domestic violence charges depends on the circumstances, such as whether there was physical injury, prior convictions, or the use of a weapon.
Common types of charges include:
- Misdemeanor domestic battery: This charge typically applies when there’s physical contact without serious injury, such as pushing or slapping. If convicted, you can face up to one year in county jail and a fine.
- Felony domestic violence: This charge is usually filed when the alleged victim suffers visible injury or when the accused has prior offenses. A conviction can result in up to four years in state prison and significant fines.
- Criminal threats or stalking: These charges can be filed even without physical violence if prosecutors believe the alleged victim was placed in reasonable fear for their safety. If convicted, you can face felony penalties and a permanent criminal record.
- Protective order violations: This charge applies when someone intentionally or accidentally violates a restraining or no-contact order. If you are found guilty, you can face additional criminal penalties and possible jail time.
Many domestic violence cases start small, such as with an argument that escalates, but quickly turn into serious criminal matters once police get involved.
Once law enforcement responds, the case becomes a state issue that’s out of your hands unless you hire an experienced lawyer.
Los Gatos Domestic Violence Lawyer Near Me (510) 995-0000
Common Legal Defenses in Domestic Violence Cases
Every domestic violence case is different. That said, defense lawyers often use one or more of the following strategies:
- False accusations: Domestic disputes often involve high emotions, and sometimes accusations are made out of anger, revenge, or to gain leverage in divorce or custody cases.
- Self–defense or defense of others: If you acted to protect yourself or someone else from harm, your actions may have been legally justified.
- Accidental injury: The alleged harm may have occurred accidentally, without any intent to injure.
- Violation of your rights: If police failed to read your rights, conducted an illegal search, or mishandled evidence, those errors can be used to challenge the case.
An experienced domestic violence attorney in Los Gatos will review every detail of your case to find weaknesses in the prosecution’s argument.
Click to contact our criminal defense lawyers today
What Happens After a Domestic Violence Arrest?
If you are arrested for domestic violence in Los Gatos, expect the process to move quickly. Here’s what typically happens:
- Booking and bail: You will be taken to the Santa Clara County Jail, photographed, and fingerprinted. Depending on the severity of the charge, you may be eligible for bail or released with conditions.
- Arraignment: This is your first court appearance, where you will hear the charges against you and enter a plea.
- Protective orders: The judge may issue a temporary restraining order preventing contact with the alleged victim.
- Pretrial phase: Your lawyer can request evidence, file motions to dismiss, or negotiate with the prosecutor.
- Trial: If the case goes to trial, both sides present their evidence before a judge or jury.
The earlier you involve a defense attorney, the better. Early intervention can sometimes prevent formal charges from being filed at all.
Complete a Free Case Evaluation form now
What to Do if You Are Accused of Domestic Violence
If you are facing domestic violence accusations, it’s important to stay calm and take these steps to protect yourself:
- Do not contact the accuser: Any communication can be used against you.
- Follow all court orders: Violating restraining orders can harm your case.
- Document everything: Keep records, messages, and any evidence that supports your version of events.
- Avoid discussing your case online: Social media posts can easily be taken out of context.
- Hire a lawyer: The sooner your attorney intervenes, the stronger your defense will be.
Trying to explain yourself to the police or the alleged victim without legal guidance can backfire. Always let your attorney handle communications on your behalf.
Why Work With a Los Gatos Domestic Violence Attorney?
Domestic violence lawyers understand how quickly these cases can spiral and how much is on the line for you. Our attorneys can:
- Review all evidence and identify weaknesses in the prosecution’s case
- Challenge unlawful searches, arrests, or statements
- Negotiate for reduced charges or dismissal (where possible)
- Represent you at hearings, trials, and protective order proceedings
- Protect your rights, reputation, and future
At this stage, every move matters. Don’t assume the truth will come out on its own. Prosecutors and judges take these cases seriously, and without a strong legal defense, the system can easily work against you.
Speak to a Domestic Violence Lawyer in Los Gatos
Domestic violence accusations can change your life, but they don’t have to define your future. A Los Gatos domestic violence attorney from Silver Law Firm can help tell your side of the story, protect your rights, and fight for the best possible outcome in your case.
Book a free consultation to take control of your situation before it’s too late.
Call or text (510) 995-0000 or complete a Free Case Evaluation form