Bay Area Domestic Violence Defense Criminal Defense Attorneys
When your future and freedom are at risk, it is important to have the best domestic violence defense attorney who will fight for the outcome you want. Domestic violence cases often stem from an impending divorce or child custody case. Often times, the alleged victim is also the aggressor or is trying to get the upper hand in a family law case. If you have been contacted by police, it is critical that you speak with a domestic violence attorney immediately.
District Attorneys in Santa Clara, Alameda, San Francisco, and San Mateo counties are especially aggressive in filing domestic violence cases. Even in cases where there are no injuries, and the victim does not want to press charges. Penal Code 243(e) have the potential for significant criminal penalties, and should be handled carefully by an experienced attorney
Restraining orders can have extreme consequences. Under California Family Code 6320, the Court may issue an ex-parte order (without notice) that could prevent you from contacting the other party. Further, under Family Code 6321, you can be forced to move out of your home. Responding to ex-parte orders for a noticed motion and hearing on the facts is critical to defeating a restraining order.
Domestic Violence charges often accompany a civil restraining order case in Family Law Court. Our attorneys can handle the criminal proceeding and the civil restraining order (TRO) case on your behalf. We cover the San Jose Hall of Justice, Palo Alto Courthouse, Morgan Hill Courthouse, Fremont Courthouse, Hayward Courthouse, San Francisco County court, and surrounding Bay Area courthouses.
Self Defense Issues in Domestic Violence Cases
Often times, the alleged victim in a domestic violence case is actually the aggressor. In California everyone has the right to defend themselves. Self defense is usually proven at trial in misdemeanor domestic violence cases. A skilled domestic violence defense attorney can help you tell your side story in court.
Miranda Rights Issues in Domestic Violence Cases
When you are in handcuffs, the police must read you your Miranda rights before questioning you. If the police arrest you, and interrogate you without first reading you the Miranda rights, the court should throw out any evidence that stems from the illegal interrogation.
Lies in the Police Report in Domestic Violence Cases
The domestic violence defense attorneys at the Bay Area Law Center, PC have an intimate understanding of all of the defenses available to your case. Many times the alleged defendant was merely defending him or herself, or the alleged victim fabricates domestic violence charges in order to take advantage of an underlying divorce case. A good defense attorney will identify these issues and attack the prosecutor’s case.
Monthly payments are available. If you have been charged with a criminal case, please call our office for a free consultation with a domestic violence defense attorney at (408) 816-2311