Domestic Violence
Protecting Your Rights and Your Future in Complex Domestic Cases
Domestic violence cases often arise unexpectedly and carry serious consequences in both criminal and family court. At Nijmeh Law, P.C., we represent individuals accused of domestic violence and those seeking protective orders in cases involving intimate partners, spouses, co-parents, roommates, and family members. With deep knowledge of California domestic violence statutes and dual experience in criminal and family law, we provide skilled legal advocacy to protect your rights and navigate the legal system.
We serve clients throughout San Jose, Santa Clara, Alameda, San Mateo, and San Francisco, offering guidance, protection, and aggressive defense when the stakes are high.
Understanding Domestic Violence Allegations
In California, “domestic violence” is a broad legal term used to describe abuse or threats of abuse between individuals who share a close relationship. These include:
- Current or former spouses
- Boyfriends/girlfriends or fiancés
- Cohabitants or roommates
- Co-parents
- Family members
Allegations can arise from verbal disputes, physical altercations, or threats—and often lead to criminal charges, protective orders, and child custody implications. Even if the accuser later wants to drop the charges, the District Attorney can still proceed with prosecution. That’s why having a knowledgeable defense attorney is essential from the outset.
Misdemeanor vs. Felony Domestic Violence Charges
California law distinguishes between various degrees of battery and domestic violence, each with its own legal standard and penalties:
Misdemeanor Domestic Battery – Penal Code §243(e)(1)
This charge applies when there is willful and unlawful force or offensive touching against a person in a domestic relationship, even if there is no injury. Examples include:
- Pushing a partner during an argument
- Blocking a doorway during a dispute
- Throwing an object that causes no injury
Penalties may include:
- Up to 1 year in county jail
- Fines up to $2,000
- Domestic violence classes, probation, and stay-away orders
Felony Domestic Violence – Penal Code §273.5
This more serious charge applies when there is a traumatic condition caused by physical force—such as bruises, cuts, or more severe injuries.
To convict, the DA must prove that:
- The victim is a spouse, former partner, cohabitant, or parent of a shared child
- Physical injury occurred
- The act was not in self-defense
Penalties may include:
- Up to 4 years in state prison
- Fines up to $6,000
- Enhanced penalties for prior offenses
Battery and Aggravated Battery
Domestic violence cases may also involve other battery-related charges:
Simple Battery – Penal Code §242
Defined as any willful and unlawful use of force, even minimal contact that is rude or angry. This is typically charged as a misdemeanor.
Aggravated Battery – Penal Code §243(d)
Occurs when the victim sustains a serious bodily injury, such as a broken bone or concussion. This can be charged as a misdemeanor or felony depending on the severity of the harm and the defendant’s record.
Felony penalties may include:
- 2 to 4 years in prison
- Up to $10,000 in fines
Domestic Violence and Family Law Consequences
In addition to criminal penalties, a domestic violence allegation can significantly impact child custody, visitation rights, and divorce proceedings. Courts may issue Domestic Violence Restraining Orders (DVROs) that prevent contact with the alleged victim or children. A finding of domestic violence can also affect your ability to obtain custody or spousal support.
We represent clients on both sides of domestic violence cases—those seeking protection and those accused. Our team understands the lasting impact these cases can have and works to resolve them with discretion and care.
Start Your Defense or Protection Strategy Today
Domestic violence allegations are serious and require immediate legal action. Whether you’ve been arrested, are under investigation, or need to file for protection, Nijmeh Law, P.C. is here to help. Call our San Jose office at 408-642-1346 or schedule a confidential consultation online. We represent clients throughout Santa Clara County, Alameda County, San Mateo County, San Francisco, and the greater Silicon Valley region.
