Domestic violence is a type of abuse that involves physical aggression or another use of force to assault or batter a spouse, significant other, child, or other family member. There are dozens of laws in place to protect individuals from assault. Domestic violence cases are an especially sensitive area of criminal defense. Each county has a specifically designated courtroom and attorneys that handle DV cases, and there are exceptions to the Penal code and Evidence code that apply only to DV cases.

In years past, the state of the law has changed with respect to a defendants and victims rights. More than any other type of charge in the criminal justice system, defending DV cases require a high degree of finesse. If you are being charged with a domestic violence offense, it’s very important to begin the process of defending yourself before the charges are actually filed. The earlier that you can assess the situation and start addressing the case, the better chance you have to achieve a positive resolution.

In addition to criminal penalties, domestic violence convictions include a variety of different punishments. The most common are 52 weeks of counseling, 16 weeks of anger management classes, county supervised parenting classes, and criminal protective orders that restrain a defendant’s ability to see their family.

Hiring a reputable domestic violence attorney in San Jose ensures the best outcome possible for your domestic violence case. Your lawyer will offer the following services:

• Protection of your rights and interests throughout the entire proceedings. For example, if you’re a victim of domestic violence, an attorney may be able to issue custody charges or a restraining order. On the flip side, if you’ve been accused of domestic violence, an attorney may prevent you from losing custody of your kids or keep you out of prison.
• Aggressive representation. A domestic violence attorney will stand up for you both in negotiations and in the courtroom.
• Detailed advice during every step of the case. The earlier that you can get a lawyer involved, the better the outcome for your case.

If you’re the victim of domestic violence or you’ve been accused of a domestic violence offense, you need legal representation. Attempting to handle the situation yourself can expose you to enhanced penalties and unwanted results that could have been avoided.

Brendan Barrett is an experienced domestic violence attorney in San Jose. Schedule a free consultation today.

Domestic Violence Jury Instruction