San Jose Domestic Violence Lawyer

Experienced Defense Against Domestic Violence Charges in Santa Clara County 

Domestic violence is a nationwide epidemic. More than 12 million U.S. men and women experience domestic violence each year. Domestic violence may occur over trivial issues or deep-seated emotional problems. However, there are also cases of wrongful accusations. This happens when a person wrongfully accuses a partner or family member of domestic violence. A conviction can cause severe damage to your career, education, and life in general. Are you facing domestic violence charges or a restraining order? Our domestic violence lawyer in San Jose, CA, can help to defend you from charges that may come with life-ruining consequences. 

Are you facing a domestic violence charge in California? Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online to schedule a meeting with our domestic violence attorney in San Jose!

What Are the Domestic Violence Laws in California?

An allegation of domestic violence is only considered as such when the victim of the action is a:

• Current or former spouse
• Romantic partner
• Fellow parent
• Other member of the accused person’s household

There are several situations where you could face domestic violence charges in California. Two are among the most common:

• Infliction of corporal injury (Penal Code Section 273.5); and
• Domestic battery (Penal Code Section 243(e).

What Is Infliction of Corporal Injury in California?

Corporal injury is a traumatic bodily condition caused by physical force. The injury does not need not be serious, but it must be directly attributable to the accused's actions. Infliction of corporal injury is potentially a felony. It could result in up to four years in state prison and fines of up to $6,000

What Is Domestic Battery in California?

An individual commits domestic battery when they willfully and unlawfully use force or violence against a person who falls under domestic violence statutes. The victim does not need to be injured to bring domestic battery charges. Domestic battery is a misdemeanor offense under California law. You could also face fines of up to $2,000 and imprisonment for up to one year. 

Additional Domestic Violence Consequences in California

Facing a criminal conviction comes with its own set of consequences. In addition to fines and time behind bars, you could face many problems that affect your life. For example, you could experience the following consequences for a domestic violence conviction:

• Loss of gun rights. You may be unable to purchase or own a firearm in California if you receive a conviction.
• Loss of custody. If you have a child, or are in the middle of a custody dispute, then you could lose custody for receiving a conviction.
• Immigration issues. You could face deportation if you are an immigrant. Additionally, you could become unable to enter the United States.
• Loss of job opportunities. You could lose your job for a conviction. You could also face major difficulties finding another job. Many employers have reservations about hiring people with criminal convictions.
• Restitution. Some criminal convictions require you to pay restitution to the victim. You could have to pay money to the person who accused you of domestic violence.

As you can see, the consequences of a domestic violence charge extend far beyond time in jail and fines. Some of the consequences listed above may follow you for the rest of your life. 

What Are California Domestic Violence Defense Strategies?

There are a couple of ways our domestic violence defense lawyer in San Jose could defend you from criminal charges. Your options depend on the circumstances surrounding your case. Each case is going to be different. However, here are some of the most common defense options.

• False accusation. It may be possible to show that the accuser is not telling the truth about what happened. Or, you may be able to prove that the accuser is not telling the truth about the extent of his or her injuries.
• Self-defense. It may be possible to show that you were acting in self-defense when the situation occurred.
• The injuries did not occur from the incident. It may be possible to show that the injuries suffered by the accuser did not occur due to domestic violence.

Can a Domestic Violence Case Be Expunged From Your Record?

A domestic violence conviction can have long-lasting consequences, affecting employment, housing, and personal relationships. However, under California law, it may be possible to have certain convictions expunged from your record, offering a fresh start.

Expungement is the legal process of clearing a conviction from your criminal record, making it less accessible in background checks. In California, this process is available for some domestic violence cases, but there are specific criteria that must be met. Typically, the individual must have successfully completed probation, including paying all fines and restitution, attending court-ordered counseling, and fulfilling any other conditions imposed by the court. If the conviction involved a prison sentence, expungement may not be an option, but those who served time in county jail may still be eligible.

It’s important to note that while expungement can clear your criminal record for most purposes, there are certain limitations. For example, an expunged domestic violence conviction may still be considered in future criminal cases or for professional licensing purposes. Additionally, the expungement does not restore firearm rights, which are permanently revoked under federal law following a domestic violence conviction.

Contact the Law Offices of Nick Cvietkovich today to schedule a FREE consultation with our domestic violence lawyer in San Jose!