San Jose Domestic Violence Attorney

Defending Those Accused of Domestic Violence in California

If you or a loved one has been accused of domestic violence in San Jose, it is crucial to seek the guidance of an experienced attorney specializing in domestic violence defense. Our domestic violence lawyers in San Jose provide an experienced, nuanced defense for people facing domestic violence charges.

Our attorneys possess an in-depth understanding of the California criminal justice system and a thorough familiarity with domestic violence cases. At this critical time, it is essential to have a knowledgeable and compassionate attorney who can provide you with the support and representation you need. With years of litigation experience, our San Jose domestic violence lawyers can help you achieve the best possible outcome for your case.

Understanding California’s Domestic Violence Penal Codes

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.

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

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)

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 domestic violence lawyer in San Jose 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.

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 lawyer.