Domestic Violence Attorney San Jose

A Highly Experienced Domestic Violence Attorney For You

Over the past 30 years, my law firm has developed a winning strategy for all types of Domestic Violence cases filed in and around San Jose and Santa Clara County. In the past, Domestic Violence cases were rarely prosecuted; but, after the infamous O.J. Simpson Trial of the early 1990’s, the pendulum swung in the other direction and far too many cases began to be filed. Currently, the most common Domestic Violence charges filed in Santa Clara County include: Domestic Violence (Penal Code §273.5); Domestic Battery (Penal Code §242/243(e)); False Imprisonment (Penal Code §236/237); and Criminal Threats (Penal Code §422).

The way police officers are trained to handle Domestic Violence cases has changed over the years. Today, every time a 911 Domestic Violence call is received, officers are trained to determine who was the “primary aggressor” in the altercation and to arrest that person. The “primary aggressor” is the person whom the police believe caused the altercation to become physical in the first place.

The “primary aggressor” can be a male or a female, and nowadays females are being arrested for Domestic Violence just like men. However, men are still far more likely to be deemed the “primary aggressor” and are usually the ones who find themselves taken to jail after a Domestic Violence allegation has been made. My office has helped hundreds of men and women fight false or exaggerated Domestic Violence charges, and I often can help get charges dismissed (for less serious cases) if my office is contacted within 10 days of the arrest.

What Is Domestic Violence?

Domestic Violence is defined as “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship” (Penal Code § 13700(b)). Abuse is defined as intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.

In applying this law, local prosecutors often typically charge not only a spouse or dating partner with Domestic Violence, but many people are surprised to learn that you can be arrested for domestic violence for a fight with your live-in sibling or parent as well (cohabitants).

In a nutshell, Domestic Violence is an unjustified use of force by one person (i.e., spouse, boyfriend, etc.) upon another. Several times a week my office receives calls from law abiding citizens who had a bad argument with their spouse or significant other and found themselves in Santa Clara County jail for the night. It does not take much to get arrested. Even minor physical contact (i.e., a nudge or bump or brush-by) during an argument, if 911 is called, will result in someone being arrested that night.

How Will My Experience Help Your Case?

Once police arrive on scene, if they find even a very minor injury to the skin (i.e., red mark, scratch or small bruise), one will be arrested and charged with Domestic Violence under penal code §273.5. If no injury to the skin is visible, but some application of force has been used, a Domestic Battery charge will be filed under penal code §242/243(e). If during a heated argument, or while intoxicated, a person verbally threatens a loved one, even if they didn’t mean it, that person will be charged with a Criminal Threat under penal code §422.

However, if you are arrested for Domestic Violence, do not fear the sky is falling; there is often a way out or a way to lessen the impact upon one’s life. Due to my vast experience with Domestic Violence cases, I have utilized and developed several winning strategies and defenses, including: self-defense, defense of others, defense of property and trespassing defense. When I examine a new case, I look at the entire picture, and not just who is the “primary aggressor.” Often, I determine that the primary aggressor isn’t so “primary” after all, and that the person arrested (usually the man) was simply reacting to an action of the other person that may make his response, if reasonable, excused under the law.

Many Domestic Violence cases fall within the rubric of self-defense, and, surprisingly, trespassing. These defenses are too often underutilized or incorrectly utilized by many defense attorneys.

Finally, too often a person may use false or exaggerated allegations of Domestic Violence to punish another former loved one to gain an advantage in divorce court or with child custody. I have handled every kind of Domestic Violence case imaginable, in both Criminal and Family Court, and can quickly find a way to undermine the Prosecutor’s charges, or opposing party’s claims.

In a Criminal case, if I cannot get a case dismissed, I often get a penal code §273.5 charge (Domestic Violence) reduced to a penal code §242/243(e) (Domestic battery). Reductions to a 242/243(e) is especially important to Permanent Residents (i.e., Green Card holders) as it prevents deportation and allows for re-entry into the United States. And, just as often, I convince the prosecutor to reduce a penal code §242/243(e) charge to a penal code 415 Disturbing the Peace charge.

What to do After an Arrest

It is important that following an arrest for domestic violence, that you Contact Edward N. Ajlouny, Attorney at Law as soon as possible. I am highly experienced and I will strongly defend your case. I have assisted countless clients in building strong defenses for their domestic violence charges. When you work with me, I will help you gather all evidence to help drop the charges against you or reduce your sentencing. Regardless if your charges are in assault, battery, rape, physical abuse or mental abuse, I can assist. Contact a San Jose domestic violence attorney today to schedule a free consultation and to work on building a strong domestic violence defense.

Victim’s Rights:

In every Domestic Violence case, law enforcement classifies the parties as either a defendant or a victim. Most reporting victims tend to women, but there is a growing number of male victims, too. Sometimes, the wrong person is given defendant or victim status. Over the past decade, men appear to have become more comfortable reporting domestic abuse than in the past. Further, same sex couples are finding themselves dealing with Domestic Violence cases as well.

Victims of Domestic Violence are carefully treated under the law. There are county assistance programs that offer information, guidance and even financial support at times. Restraining orders protect victims and ensure that they are left alone during and often after a case has wound its way through the court system.

In some cases, a Domestic Violence victim justifiably wants to punish the offending party for hurting them. In others, the victim decides to forgive the offender and offers another chance and may not want to cooperate with law enforcement. Either way, the prosecutor’s office is always willing to hear from a Domestic Violence victim and to at least consider their input as to the possible resolution of the case.

We cover cases involving:

Child Abuse
Child abuse charges can stem from slapping, pushing, or any other form of physical contact. Some cases even involve claims of neglect or emotional abuse. No matter what type of allegation has been made against you, the penalties of a conviction are harsh.

Harassment
Title VII of the United States Civil Rights Act enforces stringent consequences for individuals who are convicted for harassment, whether physically, sexually or emotionally. To protect yourself against the penalties you stand to face, speak with a San Jose domestic violence defense attorney as soon as possible about the defenses that can be used on your behalf.

Kidnapping
To prove that you are guilty of kidnapping, a prosecuting attorney will argue that you detained a person without their consent and forcibly moved them across a substantial distance. An experienced San Jose domestic violence lawyer can help you challenge this argument and prove that the allegations that have been made against you are unfounded.

Restraining Orders
Restraining orders can result from instances of domestic violence, harassment or any other type of threatening behavior that could jeopardize another person. Violating a restraining order could lead to significant penalties, so it is important to understand the specific restraints of your order.

Spousal Abuse
The physical or emotional battery of another person is classified as spousal abuse and convictions for this offense are harsh. Physical, sexual, emotional and even psychological abuses can be tried in court and convicts may face jail time, anger management classes and more.

Types of Abuse
Different types of abuse call for different approaches within the legal system. That being said, you need an attorney whose legal strategies can be applied to any type of abuse for which you may be facing criminal allegations.