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Domestic Violence Lawyer Near San Jose California

Domestic Violence: The Difference Between Spousal Battery and Corporal Injury

Understanding the distinctions between spousal battery and corporal injury is essential for defendants navigating the criminal justice system. Both terms involve physical harm, but they differ in their elements, consequences, and potential defenses. Recognizing these differences can help you understand what to expect going forward.  What is Domestic Battery? Domestic battery in California involves...

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What Is Domestic Battery?

Domestic battery is one of the many offenses in California that can result in domestic violence charges. Battery is defined in California Penal Code §242 as any unlawful and willful use of violence or force on another person. Section 243(e) discusses a battery against a current or former intimate partner or the parent of...

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What Happens When You Get a Domestic Violence Charge in California?

Domestic violence cases can stem from an argument or misunderstanding. If you are charged with domestic violence, it is essential to understand what happens when you get a domestic charge in California. Understanding the process can help you present a solid defense to protect your rights and best interests. What Is the Process for...

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Is Domestic Violence a Felony in San Jose, CA?

Domestic violence (DV) represents a serious legal issue that manifests in various forms of abuse within intimate relationships or households. For those living in San Jose, California, who are facing accusations of domestic violence, it's essential to understand the specific charges you may be confronting.  Domestic violence can be a misdemeanor or a felony,...

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How Much Time Am I Looking At for a Domestic Violence Charge Under PC 273.5?

Facing a domestic violence charge can be an overwhelming and stressful experience. Understanding your charges and the legal consequences associated with them is essential when dealing with this difficult situation.  Under California Penal Code §273.5, it is unlawful to cause injury to a spouse, former spouse, cohabitant, dating partner, or co-parent of one's child...

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What Constitutes Domestic Violence in California?

In California, domestic violence is considered a criminal act involving harm or threats of harm against a protected person. A “protected person” is most often a spouse, cohabitant, the other parent of your child, or someone you are or were dating. In some cases, it can also include a child or relative.  Common Domestic...

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False Domestic Violence Allegations: How You Can Avoid Wrongful Allegations in California

Over 20 million Americans report being falsely accused of domestic violence and other forms of abuse. False domestic violence allegations can be devastating. As a result of a fake allegation, you may be arrested, forced to hire a lawyer to defend you, and potentially convicted and sentenced to jail time.  By understanding the law,...

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Prosecution Tactics in Domestic Violence Cases in San Jose, CA

Being charged with domestic violence is incredibly serious and requires a knowledgeable San Jose domestic violence lawyer who understands the prosecution tactics used in these cases. It is important to know what is considered domestic violence in California and be aware of potential prosecution tactics to best defend yourself against these charges. What Is...

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What Happens When a Domestic Violence Victim Doesn’t Want To Press Charges?

You've been arrested and charged with domestic violence. However, the victim doesn't want to press charges. Many people believe that domestic violence cases are automatically dismissed in this circumstance, but that’s not always the case. In some instances, the state may choose to pursue charges even if the victim is unwilling to participate in...

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Consequences of a Domestic Violence Conviction in CA

If you’re facing criminal charges, understanding the outcomes of a conviction can help you determine the appropriate course of action in your case. For domestic violence charges, the consequences of a conviction vary greatly depending on the unique nature of the case, your criminal history, and other factors.  Domestic violence is a serious offense...

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