Allegations of domestic violence can carry immediate and severe consequences. In California, even a single accusation can lead to arrest, criminal charges, and restrictions on where you can go or who you can contact.
Whether the claim involves a partner, spouse, or family member, domestic violence cases are taken very seriously by the courts.
San Jose domestic violence lawyer Elliot Silver understands the emotional weight these cases carry. Our San Jose criminal defense lawyers have over 37 years of combined experience representing individuals accused of domestic violence.
If you’ve been charged, Silver Law Firm is ready to defend you and help you take control of your case.
What Counts as Domestic Violence in California?
Domestic violence charges can arise from many different situations, including physical contact, threats, or intimidation. What matters most under the law is the nature of your relationship with the alleged victim.
California defines domestic violence as abuse or threats directed at a:
- Current or former spouse
- Dating partner or someone you live with or used to live with
- Co-parent of your child
- Family member such as a sibling, parent, or grandparent
Some of the most common charges include domestic battery, criminal threats, assault, and false imprisonment. Each case is unique, and the facts matter. Even minor physical contact or a heated argument can be misunderstood, especially if law enforcement is called to the scene.
Reach out to a San Jose domestic violence lawyer from our team for more information.
For a free legal consultation with a domestic violence lawyer serving San Jose, call (510) 995-0000
Penalties for Domestic Violence Charges
Domestic violence cases in California can be filed as misdemeanors or felonies. This depends on several factors, including the severity of the alleged injury and your prior criminal history.
Some penalties you might face include:
- Jail or prison time
- Fines ranging from hundreds to thousands of dollars
- Mandatory domestic violence counseling
- Restraining or protective orders
- Loss of child custody or visitation rights
- A permanent criminal record that can affect your employment
Many domestic violence 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 from San Jose can argue for reduced charges or alternative resolutions.
San Jose Domestic Violence Lawyer Near Me (510) 995-0000
False Accusations and How Silver Law Firm Can Help
Unfortunately, false accusations of domestic violence do happen. In many cases, they arise during heated breakups, custody battles, or disputes where one person tries to gain leverage by calling the police. Once the accusation is made, it is no longer in the accuser’s control.
Prosecutors often move forward with the case regardless of whether the alleged victim wants to “drop the charges.” Silver Law Firm has helped many clients in San Jose who were falsely accused of domestic violence. We know how to uncover the truth, challenge false narratives, and highlight inconsistencies in the accuser’s story.
In some cases, our San Jose domestic violence law firm can show that the alleged injuries were self-inflicted or that our client acted in self-defense. Get in touch with our team today to learn more about how we can combat false accusations.
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A San Jose Domestic Violence Lawyer Will Build a Strong Defense
To defend against a domestic violence charge, our domestic violence attorneys in San Jose 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 police 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 listens, investigates, and fights for your future. Our 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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Why Choose Our San Jose Domestic Violence Law Firm?
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.
Speak to an Experienced Attorney Today
Do not wait to get legal help. If you are being accused of domestic violence, the decisions you make now can have a lasting impact. The sooner you get a San Jose domestic violence lawyer involved, the better your chances of a positive outcome.
Contact us today to schedule your free case evaluation. We’ll discuss the accusations you’re facing, explain your legal rights, and advise you on your best course of action moving forward.
Silver Law Firm is here to protect your rights and fight for your future.
Call or text (510) 995-0000 or complete a Free Case Evaluation form
