Have you been accused of domestic violence in San Jose, California? Ahmed & Sukaram, Criminal Defense Attorneys can help you navigate the criminal justice system and understand your legal options. Contact us today at (408) 217-8818 to schedule a confidential consultation with a San Jose domestic violence lawyer who will explain your legal rights and options.
Facing domestic violence allegations can be overwhelming and stressful. Each stage of the criminal process is addressed with careful attention to local procedures and a strategic focus on protecting clients’ rights from the outset of the case.
Why Choose Ahmed & Sukaram, Criminal Defense Attorneys to Help if I’ve Been Accused of Domestic Violence in San Jose, CA?
At Ahmed & Sukaram, Criminal Defense Attorneys, we represent individuals accused of domestic violence in San Jose, California. With decades of criminal defense experience, our practice focuses on protecting clients’ rights while providing steady guidance.
Clients choose our San Jose criminal defense attorneys because:
- With over 30 years of combined experience, we maintain the resources necessary to fight criminal charges and draw on years of experience helping clients avoid jail, prison, fines, and wrongful convictions.
- We believe every individual deserves respect and dignity, even after making a mistake. Our attorneys remain committed to supporting clients throughout what is often a stressful and uncertain time.
- From minor misdemeanors to the most serious felony offenses, we apply our knowledge and skills to pursue the best possible outcome based on the circumstances of each case.
Contact our law firm to discuss your case. We offer a confidential consultation with an experienced San Jose domestic violence attorney.
Investigation and Arrest
A domestic violence case in San Jose typically begins with an investigation by law enforcement after a report is made. This report may come from an alleged victim, a third party, or, in some cases, a mandatory reporter. Once officers arrive on the scene, they assess the situation to determine whether immediate action is required.
During the investigation, officers may gather information through several methods, including:
- Interviewing the involved parties separately
- Speaking with witnesses who may have observed the incident or its aftermath
- Documenting visible injuries or property damage
- Reviewing photographs, text messages, emails, or recorded communications
California law permits officers to make an arrest when probable cause exists that domestic violence has occurred, either at the scene or after further investigation. In certain situations, an arrest may be required even if the alleged victim does not request one. Once an arrest is made, the accused is taken into custody, and the case proceeds through the criminal justice system.
Protective Orders
Protective orders, also referred to as restraining orders, are commonly issued early in domestic violence cases and are intended to prevent further contact while the case is pending. These orders may be requested by the prosecution or issued by the court on its own authority. In many cases, a temporary protective order is put in place shortly after an arrest.
Protective orders can impose a range of restrictions, such as:
- Prohibiting all direct or indirect contact with the alleged victim
- Requiring the accused to stay a specified distance away from certain locations
- Ordering one party to move out of a shared residence
- Restricting communication through phone calls, text messages, or third parties
Violating a protective order can result in additional criminal charges, even if the underlying domestic violence case has not yet been resolved. Protective orders may remain in effect for weeks or months and can be extended depending on how the case progresses.
Criminal Procedure Overview
After an arrest or investigation, the prosecutor reviews the evidence. The prosecutor decides whether to file charges based on the law and the strength of the case, not on what the alleged victim wants.
If charges are filed, the accused must appear in court for an arraignment. At this hearing, the charges are read, a plea is entered, and the judge may set bond or release conditions.
The case then moves through pretrial steps. These may include sharing evidence, filing motions, and attending hearings. Many cases resolve before trial, but some move forward if no agreement is reached.
Consequences of a Conviction
A conviction can lead to immediate penalties and long-term effects. The exact outcome depends on the charge and the facts of the case.
Possible consequences may include:
- Jail or prison time
- Fines and court costs
- Probation with strict conditions
- Mandatory counseling or treatment programs
- Ongoing protective orders
A conviction can also affect employment, housing, professional licenses, and personal relationships long after the case ends.
Schedule a Confidential Case Evaluation With Our Domestic Violence Defense Lawyer
Domestic violence cases can be complex, stressful, and emotionally taxing, especially when the outcome may affect multiple areas of your life. Understanding how the process works—from the initial investigation through possible sentencing—can help you feel more prepared and informed as your case moves forward.
If you are facing domestic violence allegations, Ahmed & Sukaram, Criminal Defense Attorneys provides guidance grounded in local knowledge and experience in San Jose, California. Call today to speak with a knowledgeable San Jose domestic violence attorney who can help you better understand your rights and options.