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.

San Jose Domestic Violence Victim Rights and Legal Options

Domestic violence is a serious issue that affects many individuals in San Jose and throughout California. It includes physical abuse, emotional abuse, financial control, stalking, harassment, and threats between intimate partners, family members, or household members. Victims of domestic violence often feel trapped due to fear, financial dependence, or lack of knowledge about their rights and legal protections. Fortunately, California has strong laws to protect victims and provide avenues for safety and justice.

California Domestic Violence Laws

Several laws in California protect victims of domestic violence. The Domestic Violence Prevention Act (DVPA) allows victims to seek restraining orders against their abusers. Under California Penal Code Section 273.5, causing bodily injury to a spouse, cohabitant, or intimate partner is a felony. Other legal protections include:

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.
Emergency Protective Orders (EPOs): Law enforcement officers can issue immediate, short-term restraining orders to protect victims.
Temporary Restraining Orders (TROs): Victims can file for court-issued protection, which may last several weeks until a full hearing.
Permanent Restraining Orders: After a court hearing, a judge may grant a protective order that lasts several years.
California Family Code Section 6320: Prohibits abusers from harassing, attacking, or disturbing the peace of the victim.
California Penal Code 646.9: Covers stalking and harassment laws to protect victims.

Recognizing Signs of Domestic Violence

Domestic violence is not always physical. It can take many forms, including:

Physical abuse: Hitting, slapping, punching, strangulation, or other violent acts
Emotional abuse: Manipulation, humiliation, gaslighting, or isolation
Financial abuse: Controlling a victim’s finances or preventing them from working
Verbal abuse: Threats, name-calling, or constant belittling
Sexual abuse: Forcing sexual activity without consent
Stalking or harassment: Following, excessive calling, or cyberstalking

What to Do If You Are a Domestic Violence Victim in San Jose

If you are experiencing domestic violence, there are critical steps you can take to protect yourself:

Call 911 if in immediate danger. Law enforcement can remove the abuser and provide an emergency protective order.
Seek medical attention if injured. Hospitals and doctors can document injuries for legal purposes.
File for a restraining order. A court can issue a temporary or permanent restraining order to keep your abuser away.
Find a safe place to stay. Domestic violence shelters or family members may provide immediate protection.
Contact a domestic violence attorney. Legal professionals can guide you through protective orders, divorce, child custody, and other legal matters.
Document abuse. Keep records of injuries, messages, emails, and witness statements.
Reach out to support groups and organizations. The National Domestic Violence Hotline (1-800-799-7233) and local resources can provide help.

Domestic Violence and Child Custody in California

California courts prioritize child safety in custody disputes. If one parent has a history of domestic violence, they may lose custody or have restricted visitation. Under Family Code Section 3044, there is a presumption against granting custody to an abuser unless they prove they are not a risk to the child. Victims should present evidence, including police reports, medical records, and witness statements, to protect their child.

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.

San Jose Domestic Violence Resources

Victims of domestic violence in San Jose have access to various shelters, legal aid services, and crisis hotlines, including:

Next Door Solutions to Domestic Violence – Provides emergency shelters, counseling, and legal services
Asian Americans for Community Involvement (AACI) – Assists domestic violence victims with housing and support
YWCA Silicon Valley – Offers emergency shelters and restraining order assistance
Santa Clara County Family Justice Center – Provides legal and counseling services for domestic violence victims

FAQs About Domestic Violence in San Jose, CA

1. What qualifies as domestic violence in California?

Domestic violence includes physical abuse, emotional abuse, sexual abuse, stalking, threats, and financial control within a household or intimate relationship.

2. Can I get a restraining order against my abuser?

Yes. You can file for a Temporary Restraining Order (TRO), which lasts until a court hearing. A judge may then issue a Permanent Restraining Order for up to five years.

3. What happens if my abuser violates a restraining order?

Violating a restraining order is a criminal offense in California and can result in fines, probation, or jail time.

4. Do I need a lawyer to file a restraining order?

While you are not required to have a lawyer, an attorney can improve your chances of successfully obtaining a protective order and navigating legal proceedings.

5. What should I do if I am financially dependent on my abuser?

California courts can order spousal support (alimony) and financial assistance for domestic violence victims, allowing them to regain independence.

6. Can I file criminal charges against my abuser?

Yes. Domestic violence is a crime in California. You can report abuse to law enforcement, and the district attorney may prosecute the offender.

7. Will my immigration status affect my ability to seek help?

No. Domestic violence victims are protected regardless of immigration status. The Violence Against Women Act (VAWA) and U visas may provide legal status for undocumented victims.

8. How does domestic violence impact divorce and child custody?

California courts favor the non-abusive parent in custody disputes. Domestic violence may also impact property division and spousal support in divorce cases.

9. Are there emergency shelters for domestic violence victims in San Jose?

Yes. Several shelters in San Jose provide safe housing, legal support, and counseling for victims and their children.

10. How can I prove domestic violence in court?

Evidence such as police reports, medical records, photos of injuries, witness statements, text messages, and recordings can help prove abuse in court.

How Argyris Mah, LLP Can Help Domestic Violence Victims

At Argyris Mah, LLP, we are committed to protecting domestic violence victims in San Jose. Our experienced family law attorneys provide:

Restraining Order Assistance – We help clients file for temporary and permanent restraining orders.
Divorce and Child Custody Representation – If you are leaving an abusive marriage, we fight for your safety and child custody rights.
Spousal and Child Support Advocacy – We ensure victims receive financial support to rebuild their lives.
Legal Guidance and Protection – Our attorneys offer confidential legal consultations and representation in domestic violence cases.

If you or a loved one is facing domestic violence, Argyris Mah, LLP is here to help. Contact us today to discuss your legal options and take the first step toward a safer future.

Serving San Jose & Beyond

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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.