Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

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San Jose Domestic Violence Defense Lawyer

San Jose False accusations domestic violence defense lawyer

Criminal Defense Attorney Defending Clients Accused of Domestic Violence in Milpitas, Cupertino, and Campbell

A false domestic violence accusation can negatively affect many parts of your life. For example, during a divorce, a domestic violence allegation can cause you to lose child custody, pay extra spousal support, and pay your accuser's attorney fees. Even if an allegation of domestic violence is false, you should take the accusation seriously because it can lead to serious criminal charges.

Oftentimes, accusers make false accusations of domestic violence in order to gain custody or receive additional alimony during or after a divorce. Sometimes individuals will falsely accuse their spouse of domestic violence to frighten them or to exact revenge. These accusers may not understand the consequences that come with a domestic violence accusation. A domestic violence allegation can lead to a criminal charge—which places significant stress on families. Even if an accuser wants to drop a domestic violence case, the prosecution may still pursue charges.

At the Law Offices of Erik Steven Johnson, our criminal defense attorney has years of experience with both family law and criminal defense. He is in a unique position to defend clients charged with domestic violence during a divorce. If you are facing a domestic violence accusation, contact our San Jose criminal defense lawyer and start building your defense.

Penalties for Domestic Violence Charges and Accusations

Under California's Penal Code (Penal Code 243 (e)(1) and Penal Code 273.5), domestic violence in California is illegal and can be charged as a misdemeanor or felony offense. A mere accusation of domestic violence can tarnish your reputation and damage your relationships with neighbors and family friends. A domestic violence charge and allegation can result in severe penalties including:

  • Fines
  • Probation
  • Jail or prison time
  • Damaged reputation
  • Charge is listed on your criminal record

Such penalties severely limit one's freedom and liberty. If you are being accused of domestic violence, contact our domestic violence attorney before the allegations become severe charges.

False Domestic Violence Accusation and Order of Protection

If your spouse or partner requested an order of protection against you, then not only may you be prohibited from seeing your significant other, you may also be prevented from seeing your children. Even verbal abuse or psychological abuse are forms of domestic violence. If your partner alleges that you caused him or her to fear for his or her safety, then an order of protection can be issued against you, resulting in:

  • Being forced to leave your home;
  • Being prohibited from contacting your children;
  • Being prohibited from owning or purchasing a weapon and ammunition;
  • Forced to pay compensation to your accuser if he or she lost money from missed work, medical bills and other expenses because of the alleged abuse;
  • Inability to get college financial aid and;
  • Pay the accuser's attorney fees.

Keep in mind that you should not visit your accuser while there is an order of protection in place. Even if you and your accuser reconcile, you cannot visit him or her or you will be violating the protective order. On occasion, there may be two orders of protection in place: one in family court and one in criminal court. If one is resolved, the other one may still be in place. To avoid any additional legal issues, contact our domestic violence attorney for guidance.

Reputable Domestic Violence Lawyer in Los Gatos

If you are facing a domestic violence allegation, you should immediately contact a criminal defense attorney. At the Law Offices of Erik Steven Johnson, we will look at every possible defense. Call us at 408-246-3004, or contact us via our website. We serve clients in San Jose, San Francisco, Palo Alto, Sunnyvale, Mountain View, and across the bay area.

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