Domestic Violence Charges
Being arrested for domestic violence can completely upend your life. The first days after a DV arrest are critical – it’s the time to gather evidence, interview witnesses, and begin crafting a strong defense before the case builds momentum. If you are facing domestic violence charges in San Jose or elsewhere in Santa Clara County, including nearby communities such as Santa Clara, Sunnyvale, Cupertino, Mountain View, Milpitas, and Los Gatos, contact our San Jose domestic violence lawyers immediately to protect your rights and your future.
Many attorneys take a “wait and see” approach – doing nothing until the first court date – and many clients hope the situation will clear up on its own. This passive approach is a big mistake. You need a defense attorney now. By hiring one of our expert attorneys early, we can often intervene with the District Attorney before charges are formally filed in Santa Clara County courts or surrounding jurisdictions such as Alameda, San Mateo, and Santa Cruz counties. We’ll advise on proactive steps such as gathering character reference letters, enrolling in anger management or couples counseling if appropriate, and preparing for court. Early action can make the difference between charges being filed or dropped.
Patrick Valencia
VIB's Domestic Violence Defense Strategy
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Aggressive
We take a fierce, client-centered approach to every domestic violence case. Your side of the story will be passionately presented.
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Proactive
Unlike “wait and see” lawyers, we actively intervene. We often reach out to the DA’s office before the first court date, presenting evidence or context to potentially prevent charges.
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Experienced
Our attorneys have over 75 years combined criminal law experience, including extensive knowledge of domestic violence laws and defenses. One of our partners has been recognized as a top DV and juvenile defense attorney in the Bay Area.
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Compassionate
We understand these cases involve families and emotions. We guide clients with empathy while fiercely defending their rights.
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Award-Winning
VIB Law is among the Bay Area’s top-rated firms for domestic violence defense. We are known for securing dismissals, acquittals, and favorable outcomes even in tough cases.
California Domestic Violence Laws
Domestic violence isn’t a single charge but a category of offenses under the California Penal Code involving harm or threats to an intimate partner. Common charges include:
- Corporal Injury on a Spouse/Cohabitant: Penal Code 273.5 – Inflicting bodily injury resulting in a “traumatic condition” on a current/former spouse, cohabitant, or co-parent. (Even a minor visible injury like a bruise qualifies.) This is a “wobbler” – can be a misdemeanor or felony. Felony convictions carry up to 4 years state prison, misdemeanors up to 1 year jail, plus the mandatory programs and probation terms described above.
- Domestic Battery: Penal Code 243(e)(1) – Battery on an intimate partner with no requirement of visible injury. Always a misdemeanor, but still carries up to 1 year jail and similar probation/classes requirements. Often charged if there’s minor or no injury.
Each law has nuances, and defenses exist – from self-defense, false allegations, lack of evidence, to procedural violations. We examine every angle: Was there insufficient evidence of injury? Were rights violated during arrest (e.g., improper Miranda warnings or unlawful entry)? Our attorneys craft a defense tailored to the facts, with the goal of exoneration or charge reduction.
Penalties for Domestic Violence in California
California’s domestic violence laws carry serious consequences. In a worst-case scenario, someone convicted of domestic violence could face:
- Jail or Prison Time: A felony domestic violence (e.g., Penal Code 273.5) can mean up to 2-4 years in state prison. Even misdemeanors can carry up to a year in county jail. Many DV charges are not eligible for alternatives like weekend programs or electronic monitoring – incarceration is a real risk.
- Mandatory Programs: All domestic violence convictions require a 52-week batterer intervention program (weekly classes for a year). This is a significant time commitment that courts strictly enforce.
- Fines and Fees: Fines up to $10,000 may be imposed, plus victim restitution and other court fees – a financial burden that can hurt your livelihood.
- Restraining Orders: Courts often issue protective “stay-away” orders at the first court appearance, even if the parties live together or have children. This can force you out of your home and limit contact with your family while the case is pending.
- Deportation: Many domestic violence offenses are deportable for non-citizens – a conviction can threaten your immigration status (DV is often classified as a crime of moral turpitude or aggravated felony if serious injury).
- Career Impact: A DV mark on your record can cost professional licenses, current employment (especially in positions of trust), and future job prospects.
Given these stakes, it makes sense to get the most experienced, aggressive defense team on your side as early as possible. Our goal in every DV case is to avoid these consequences, whether through getting charges dropped, securing an acquittal, or negotiating alternatives that protect your future.
Testimonials
Please Note: All testimonials have been anonymized for privacy and sensitivity.
Practice Area: Domestic Violence
“After signing the contract, Mr. Ippolito helped us win our domestic violence case in just seven days. Our nightmare is finally over. Highly recommend VIB Law!”
— Former Client
Attorney’s Note: Riccardo Ippolito
Swift and strategic legal action led to a rapid resolution, alleviating client distress and ending the case successfully. By contacting the DA prior to the court date, we were able to get them information that they did not possess. This led to them reevaluating their case and eventually, dismissing the case.
Practice Area: Domestic Violence
“Eventually, justice prevailed thanks to Riccardo’s expertise, patience, and careful handling of the facts. My case was dismissed.”
— Former Client
Attorney’s Note: Riccardo Ippolito
Our dedicated defense work and evidence review led to case dismissal, protecting the client’s rights and future. In using the services of an investigator, we were able to interview witnesses who corroborated our clients story. After bringing this to the DA, they dismissed the case.
Practice Area: Domestic Violence
“I cannot recommend this firm enough — they truly care about their clients. Thanks to them, my life is back on track.”
— Former Client
Attorney’s Note: Riccardo Ippolito
We focus on compassionate, comprehensive defense that restores client stability and hope. Listening to our clients is very important to our firm. Getting to know their back story can really help us when we discuss their case with the DA. We represent a lot of good people who have made one mistake. We try to let them know that this one mistake does not define who they are.
Practice Area: Domestic Violence
“Riccardo is an outstanding attorney who handles cases diligently with true concern for his clients. I highly recommend him.”
— Former Client
Attorney’s Note: Riccardo Ippolito
Client-focused, thorough defense consistently delivers the best possible outcomes.
Frequently Asked Domestic Violence Defense Questions
Arrest & Immediate Consequences
Domestic Violence Defense Preparation
Trial & Defense of DV Charges
Sentencing & Penalties for DV Charges
DV Protective Orders
Appealing a Domestic Violence Conviction
Contact Us Today
We’re ready to stand by you 24/7 and fight for you when it matters most.
Take the First Step to Protect Your Future: Schedule a free, confidential consultation. An experienced defense attorney will listen to your story and outline a plan – at no charge. We offer flexible scheduling (evenings or weekends) and payment plans, because everyone deserves top-quality defense regardless of budget.
For Urgent Matters:
Call: (408) 920-9720 or Toll-Free: 1-877-766-5245