San Jose Domestic Violence Lawyer

In an ideal world, a person would have a loving relationship with their partner, without any physical abuse. Unfortunately, though, some people are mean to their spouses and partners, causing physical harm.

This is called domestic violence and it is a serious crime in California. Those convicted of it can cause fines and jail time. Victims can suffer long-term physical harm. Some people are even killed by their abusers.

Whether you’re a victim of domestic violence or someone facing allegations, you need to protect your legal rights. A San Jose domestic violence lawyer from Argyris Mah, LLP can assess your case and protect you physically and legally.

California Domestic Violence Laws

California has several main domestic violence laws in place:

• Corporal injury to a spouse or cohabitant. This law makes it illegal to inflict a corporal injury resulting in a traumatic condition. This is the most common domestic violence charge used by police officers. A person commits this crime by hitting their intimate partner in some violent way. There must be a visible injury and the victim must be a current or former spouse or parent of your child.
• Domestic battery. This crime makes it a misdemeanor crime to inflict force or violence onto an intimate partner. The victim must be an intimate partner but there does not need to be a visible injury.
• Criminal threats. This law makes it a crime for anyone to communicate a threat of serious harm to someone if they intend to put the person in fear and they actually do put the person in sustained fear. This crime can be either a misdemeanor or a felony. The punishment is 1 to 3 years in prison.

Defenses to Domestic Violence

There are two main defenses to domestic violence:

• False allegations. People make false allegations of domestic violence all the time. This is often done during a divorce to win custody of a child. People also make false accusations of domestic assault as a form of revenge for relationship issues, such as discovery of cheating.
• Self-defense. Police officers responding to domestic abuse calls often have to make a snap decision as to who was the aggressor and who should be arrested. Officers will often make an arrest once they see injuries on one of the parties. Critical mistakes are often made and the person who was injured is often injured due to self-defense.

Reach Out to Our San Jose Domestic Violence Attorneys

Domestic violence is a serious crime in California. Victims may face lifelong physical and emotional trauma from such an event.

The last thing you want to do when facing a domestic violence issue is try to handle things on your own. A San Jose domestic violence lawyer from Argyris Mah, LLP can help you navigate the legal process and bring about justice. Schedule a consultation today by calling (408) 214-6366 or filling out the online form.