Domestic Violence Serving Santa Clara County & Beyond Since 1985

San Jose Domestic Violence Defense Attorney

Helping People Facing Domestic Violence Charges in Santa Clara County

While domestic violence is a serious national issue, unfortunately, many people face criminal charges based on false allegations and misunderstandings. Even if the alleged victim expresses immediate regret for having the police involved, state prosecutors ultimately decide whether to press charges or dismiss the case. Whether you have been arrested for or charged with domestic violence in Northern California, having a criminal defense lawyer on your side can help you avoid a conviction or get your charges/penalties reduced.

Steven H. Nakano has been successfully serving clients in San Jose and Santa Clara County for over 35 years. He provides a personalized, client-centered approach, and even takes on fewer cases so that he can spend more time advancing his clients’ best interests. In addition to strategically managing the legal side of every case, he is passionate about helping clients improve their lives, often working alongside a counselor to help determine the best course of action for each client’s long-term well being.

Call (844) 983-3011 today to request a free consultation with Steven H. Nakano, Attorney at Law.

Categories & Consequences of Domestic Violence Offenses in California

Under California Penal Code §§ 270-273.75, there are three basic forms of domestic violence that are punishable by law:

  • Misdemeanor domestic violence - Per Cal. Penal Code § 270, a parent of a minor child is guilty of a misdemeanor if he or she “omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care for his or her child.” Evidence of abandonment or desertion by the parent strongly implies that such an omission has taken place. This offense is punishable by a fine of up to $2,000, up to one year in county jail, or a combination of both.

  • Domestic battery without serious bodily injury - Under Cal. Penal Code § 243(e)(1), domestic battery occurs when a battery is committed against the defendant’s cohabitant, co-parent, former spouse, a person to whom the accused person is engaged, or a person with whom the defendant has or has had a dating relationship of any kind. Such an offense is punishable by a fine of up to $2,000, imprisonment in county jail for up to one year, or a combination of both. Under subsection (2), sentencing for domestic battery is to be followed by probation involving up to $5,000 in payments to a battered women’s shelter and reimbursement of all the victim’s reasonable, related costs.

  • Inflicting bodily injury - Under Cal. Penal Code § 243(d), it is a felony to deliberately cause bodily (“corporal”) injury to a family member, cohabitant, intimate partner, or other person with whom the defendant has had a domestic relationship. Such a battery is punishable by imprisonment in county jail for up to one year or, in some cases, imprisonment of up to four years.

Penalties for Violating Protective Orders

If you are accused of domestic violence, the judge overseeing your case may issue a protective order against you. Protective orders prohibit you from contacting the alleged victim in any way and typically require you to surrender to law enforcement any guns in your possession.

Attempting to visit, speak with, or otherwise contact the alleged victim in your case will likely result in:

  • Arrest

  • Fines of up to $1,000

  • Up to one year in jail

  • Two days in county jail

  • Years in California state prison (for subsequent violations of protective orders)

If you are in trouble with the law for violating protective orders, contact us today and schedule your free consultation with a San Jose domestic violence defense lawyer.

  • 22 Felony Fraud Counts Dismissed at Preliminary Examination
  • Armed Robbery Life Sentence Overturned
  • Burglary Dismissed
  • Burglary/Theft Dismissed
  • Car Jacking & Auto Theft Sentence Reduced
  • Child Molestation Dismissal
  • Drug Crime Dismissed
  • DUI Strike Conviction
  • Gang-Related Assault Dismissal
  • Gross Vehicular Manslaughter Not Guilty
/

Why Choose Us?

See What Sets Us Apart
  • Direct Access to Attorney
  • Client-Centered Approach
  • Spanish Speaking Services Available
  • Specialized in Criminal Defense
  • Practicing Since 1985

We Spend Time Getting to Know You

We Care about Our Clients. See What They Are Saying about Us.
  • “Steven Nakano saved my life! He is the kindest, most honest attorney I've ever met in my entire life. He relentlessly fought for me and his level of professionalism was impeccable.”

    - Dan B.
  • “Steve is an excellent attorney and an amazing person. He has a solid tool chest of life experiences and was able to connect with my son, provide guidance where I couldn't, and as a result became somewhat of a mentor.”

    - Tim O.
  • “He has always seen me as a person, not just a case.┬áThis type of respect has made an impact on my life that will last far beyond the legal case.”

    - Sean M.

What's The First Step?

Contact Us for a Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.