A domestic violence allegation can affect your custody rights, reputation, and, most importantly, your freedom. If you are facing a false or exaggerated accusation, a San Jose fathers’ rights lawyer can defend you.
The lawyers at Reel Fathers Rights have over 300 years of combined experience working in family court. If you have been accused of or subjected to domestic abuse, a San Jose domestic violence lawyer for men can help.
The Role of a San Jose Domestic Violence Attorney for Men
A domestic violence attorney for men in San Jose can help with every aspect of your case.
Specifically, our lawyers can:
- Investigate your case: We can investigate your situation and collect evidence that either contradicts the accusations against you or supports your claims of abuse.
- Handle restraining orders: We can help you fight unfair restraining orders or pursue one if you need immediate legal protection from an abusive situation.
- Negotiate on your behalf: If you have been accused of domestic violence, we can work with prosecutors or opposing counsel to pursue reduced charges or a dismissal.
- Provide court representation: We can represent you in hearings and other proceedings and help present your side of the story.
- Protect your rights: We can work to uphold your constitutional rights throughout the legal process, whether you are responding to charges or seeking legal protection from abuse.
Schedule a Case Evaluation call 951-339-3826
What Are the Penalties for Domestic Violence in California?
California’s domestic violence penalties can be severe.
The consequences of a conviction may include:
- Jail or prison time: A conviction can lead to time in county jail or state prison.
- Fines: Courts may impose significant financial penalties, and you may have to pay restitution to the alleged victim.
- Probation requirements: Instead of (or in addition to) jail time, you may be placed on probation with strict conditions.
- Mandatory batterer’s intervention programs: Many convictions require completion of a 52-week counseling program focused on domestic violence prevention.
- Protective orders: Courts often issue restraining or protective orders that limit contact with the other party and may affect where you can live or go.
- Custody and visitation consequences: Family courts may limit or restrict your child custody and visitation rights.
San Jose Domestic Violence Lawyer Near Me 951-339-3826
Common Defenses Against Domestic Violence Allegations
Not every domestic violence accusation is accurate, nor does every incident meet the legal definition of domestic violence in California.
Several defenses may apply to your case, including:
- False accusations: Evidence such as text messages, emails, or witness testimony can reveal inconsistencies or ulterior motives behind untrue claims.
- Self-defense: If you were protecting yourself from harm, the charges against you may not stand.
- Accidental actions: Not all injuries or incidents are intentional. Demonstrating that harm was accidental can significantly impact the prosecution’s case.
- Rights violation: If law enforcement violated your rights during the investigation or arrest, certain evidence they gathered may be inadmissible.
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What Is a Restraining Order and How Does It Work?
In many domestic violence cases, a restraining order is issued quickly.
The consequences of an order may include:
- Removal from your home: You may be required to leave your residence, even if you are a legal owner or tenant.
- No-contact provisions: You may be prohibited from any communication with the protected person.
- Loss of firearm rights: You may be required to surrender your firearms while the order is in effect.
Violating a restraining order (even unintentionally) can result in additional criminal charges, which is why it’s important to comply with them during your case.
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What to Do if You Are Accused of Domestic Violence
The actions you take after a domestic violence allegation can impact the outcome of your case.
With that in mind, it’s crucial to:
- Avoid contact with the accuser: Anything you say to your accuser can be used against you later. In addition, if you are facing a restraining order, such contact could be a violation.
- Document everything: Save all relevant messages, emails, photos, and any other evidence that supports your side of the story.
- Comply with court orders: Follow all conditions imposed by the court, including restraining orders or release terms.
- Be careful about what you say: Statements to police, friends, or on social media can be used as evidence against you.
- Contact a lawyer: By hiring a lawyer early on, you can avoid costly mistakes and start building a strong defense right away.
What to Do if You Experience Domestic Violence
Domestic abuse against men is often underreported, but that doesn’t make it any less real or serious.
If you are experiencing domestic abuse, you should:
- Prioritize your safety: If you are in immediate danger, leave the situation and get to a safe location.
- Call for help (if needed): Contact emergency services if the situation escalates or you feel unsafe.
- Document the abuse: Keep records of all injuries, threatening messages, emails, and any other incidents that show a pattern of abusive behavior from your partner.
- Seek medical attention: If you have been physically harmed, visit a doctor and make sure your injuries are documented.
- Consult an attorney: A lawyer can evaluate your situation and explain your legal options.
Speak to a Domestic Violence Lawyer for Men in San Jose
The outcome of a domestic violence case can affect every aspect of your life. Whether you have been accused of domestic violence or need help seeking protection from an abusive partner, a San Jose domestic violence attorney for men can step in and provide legal support.
Schedule a free case evaluation to discuss your situation with a lawyer.
Call or text 951-339-3826 or complete a Case Evaluation form
