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San Jose Domestic Violence Lawyer
A San Jose domestic violence lawyer help those accused or of charged with domestic violence against a family member or dating partner. Hiring a strong defense team dedicated to helping you avoid jail is very important in regaining your reputation and freedom when being accused of a domestic battery. We highly recommend that you contact one of the best San Jose domestic violence attorney team for free consultation to go over your defense option.
San Jose Domestic Violence Attorney – The California Domestic Violence Law
A family squabble now and then is common in most families and San Jose families are not exception. However, when things get out of hand and out of the norm to venture into hitting and beatings, this could be construed as domestic violence which is a crime under the state domestic violence laws.
By the California Penal Code 273.5 PC specifically defines domestic violence on the spouse as a “willful infliction of corporal injury”. This is deemed a serious crime in California and Santa Clara County which is also called domestic abuse or spousal abuse.
The alleged offender must be proven guilty of intentional corporal injury infliction on the spouse or intimate partner that might result in a traumatic effect or behavior. The California law on domestic violence is very clear and comprehensive to identify the alleged victim to be
- the defendant’s current or former spouse,
- current or former cohabitant,
- current or former fiancé(e) or
- parent of defendant’s child as well as
- the one in a current or former dating relationship.
A less serious domestic violence component which is still deemed a criminal offense under the California Domestic Violence law is the Domestic Battery under Penal Code 243 (e) (1) PC. This may be charged as a misdemeanor but it does not preclude penalties and punishments with a more stringent lookout from local authorities for repeat incidences that would bring about a felony charge. This type of domestic violence crime does not require an injury to be visible on the alleged victim to charge the alleged offender.
If you find yourself being accused of the mentioned above crimes seek the legal expertise of a San Jose domestic violence lawyer.
These domestic violence offenses require the victim to suffer and display specific physical injuries on the body or mental anguish that is verified by a recognized authority in this field; even a swelling or bruise on the body would suffice to charge the offender of domestic violence crime with an immediate arrest and jail with or without bail until the court hearing. Hence, it is a crime in San Jose, California to inflict any harm or pain onto an intimate partner violently.
Child Abuse on Domestic Violence in San Jose
It is most unfortunate that children are involved in many domestic violence cases today throughout California. San Jose is without exception as the California Penal Code 273d declares such an action to be a crime if corporal punishment or any form of physical, mental or emotional injury is inflicted on a child in the home.
Any such affliction is deemed as “inhuman” although the law in California permits parents to exercise reasonable latitude to spank and discipline the child but not where the punishment is deemed to be cruel in the eyes of the law with potential injuries on the child. Speak with a domestic violence attorney to help you understand the law better and your legal options if you are being accused of injuries on your child.
Restraining Order Defense by Professional San Jose Domestic Violence Representatives
The accused or charged defendant on domestic violence may be imposed a restraining order by the court to stay away from the alleged victim of domestic violence but skilled and professional legal San Jose domestic violence lawyer is possible to assist the accused in dismissing the restraining order or minimizing the terms and conditions imposed for more freedom prior to trial.
Get Free Consultation Today From An Experienced Domestic Violence Lawyer
Please contact us to talk to an experienced San Jose domestic violence lawyer who can help you against domestic violence allegations. Often times a skilled criminal defense attorney can negotiate with the DA to get your case dropped before your are officially charged.