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San Jose Domestic Violence Attorney


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Accused of Domestic Violence in San Jose? Protect Your Rights and Your Reputation

In San Jose and the state of California, domestic violence is seen as one of the most offensive criminal acts someone can commit, or even just be accused of committing. Santa Clara county prosecutors, more than most, are motivated by social stigma to secure convictions in light of any evidence. There are also government agencies and public organizations that are dedicated to penalizing what they consider to be domestic violence offenders; when a domestic violence case arises, they will do all they can to support the prosecution in its efforts.

If you have been accused of domestic violence, you must first accept the reality that the criminal justice system has been unbalanced out of your favor. Second, you must realize that you can take action and even the playing field again with the help of seasoned domestic violence defense lawyers like James Dunn, Michelle Spaulding and the legal team. Our experience resolving domestic violence cases in San Jose has shown us that early intervention can lead to dismissals.

Why choose to work with us? Take a look at some of our accolades:

  • Over 1,000 cases seen to completion
  • Nearly 100 trials successfully handled
  • “Superb” Avvo Rating (Attorney Dunn)
  • Restraining order violation defense
  • 18+ years of collective legal experience

Domestic Violence Definitions in San Jose

In order for a criminal act to constitute domestic violence, it must be carried out by one person against someone close to them. People who can be targeted by domestic violence includes parents, former and current spouses, children, significant others, and even roommates. California State law enforcement and the criminal justice system can be quite zealous when it comes to catching and prosecuting those accused of domestic violence in San Jose because they believe such acts have the opportunity to cause more harm than a random act of violence, such as assault and battery or burglary.

Actions that can constitute domestic violence in San Jose include:

  • Using violence or threatening to use violence
  • Sexual assault
  • Stalking or voyeurism
  • Persistent emotional harassment

Penalties in San Jose for Domestic Violence Convictions

The criminal justice system can be motivated to get a conviction out of a domestic violence case, regardless of what has actually occurred. Even if your accusations stem from a misunderstanding, exaggeration, or flat-out false report of abuse, you will face the same penalties if convicted.

Legal penalties can include:

  • Up to $6,000 in fines
  • Restitution paid to alleged victim
  • One to four years’ incarceration
  • Lengthy probation

More than being hit by legal penalties, people convicted of domestic violence in California face other forms of punishment not addressed by the criminal justice system. They may be shunned by employers, neighbors, friends, and family members, preventing them from enjoying their day-to-day lives; they may lose child custody rights, keeping them from seeing their children; and they may even be overlooked when submitting a job or rental application. It is also common for a restraining order to be issued, stopping the accused from going certain places or seeing particular people, even before the domestic violence case closes.

Defend Yourself With Our Help

Many domestic violence cases can boil down to one person’s word against another’s – this is especially true in domestic battery cases, in which no physical evidence of harm is necessary for a conviction. If you want a fair day in court, you will want to team up with our San Jose domestic violence attorneys from the Law Office of James Dunn. We are advocates of the constitutional idea that penalties must never be harsher than the alleged crime permits, and that everyone is innocent until proven guilty.

I cannot recommend Jim Dunn enough.

He is knowledgeable, experienced, strategic, respectful and caring. When we were in a very difficult situation having to make a series of critical decisions quickly that could have been catastrophic, Jim was available on the phone to talk us through our decision making. His level head and calm demeanor were just what we needed. Based upon his recommendations we avoided potentially awful outcomes, and the eventual resolution of the case was quite satisfactory. I am beyond happy with the assistance Jim gave us, and I’m forever grateful to him for saving us at a very difficult time.

Reviewer: Dm S. — June 30, 2017