While domestic violence statutes are uniform throughout California, each jurisdiction, or county, has several unique rules and practices. As such, it is imperative that you choose a local domestic violence lawyer in order to avoid serious consequences. To read about California’s domestic violence laws, please click here.
Only a tiny fraction of domestic violence incidents involve actual injuries. Still, the criminal justice system proceeds with overbearing caution when it comes to domestic violence cases. For example, every police department in Santa Clara initiates a felony arrest for any offense involving even a minor injury under California Penal code section 273.5, despite the fact that this is a wobbler offense and the vast majority of cases are filed as misdemeanors.
Our domestic violence lawyers have helped thousands of individuals caught in the quagmire of the legal system restore their lives and their relationships. We have the experience necessary to see you and your family through a domestic violence arrest. With over 120 years of cumulative experience in domestic violence cases, our team of criminal lawyers will leave no stone unturned when resolving your case.
Like most other Bay Area counties, arrests for the violation of penal code section 273.5 in Santa Clara county are almost always felony arrests and carry an initial bail of $25,000. This assumes a single count was listed upon booking. However, the District Attorney will review the report and determine whether to file felony or misdemeanor charges. This determination rests mostly on the injuries involved in the case and any prior arrests and convictions. Bail for the violation of Penal Code Section 243(e)1 is usually set at $10,000. Again, this assumes a single count was listed upon booking.
Bail for other common crimes associated with domestic violence arrests in Santa Clara are as follows:
|236-237||False Imprisonment by Violence||$10,000|
|245(a)(1)||Assault with Deadly Weapon||$25,000|
|273.5 (f)(1)||Inflicting Corporal Injury on Spouse/Cohabitant with Specified Prior||$100,000|
|591, 593||Injuring Telephone Line||$10,000|
Unlike other counties, bail in Santa Clara is set by a magistrate. This process can take up to 24 hours but can result in the departure from the bail schedule and a reduction in bail owed. A magistrate may release in inmate accused of domestic violence on his or her own recognizance. However, this will often be accompanied by conditions, including a Stay Away Order and regular check-ins with the Office of Pretrial Services. You can reach the Santa Clara Office of Pretrial Services at (408) 918-7900.
Upon booking, an inmate will be housed in one of the following Santa Clara jails:
Most individuals at this stage will need a bail bondsman to assist with immediate release.
Once an individual is released from custody, the jail will usually set a court date two to three months out. It is imperative, during this time, to begin preparing for the initial court appearance. By statute, the court is obligated to issue protective orders at the arraignment of a domestic violence case. Courts in San Jose, Morgan Hill and Palo Alto require not only that the Complaining Witness appear at the first appearance and address the court, but they often demand that the victim complete a short class through Next Door Solutions prior to issuing a less restrictive form of a protective order. You can reach Next Door Solutions at (408) 501-7550.
Unlike other counties, courts in Santa Clara will routinely issue No Contact Orders which may lead to broken families as the case progresses through the court system. Next Door Solutions has been generally unable to provide enrollment for several months after the initial call, necessitating the use of other options, such as a letter from a personal therapist.
Once the arresting agency submits a police report to the Santa Clara District Attorney’s office, our attorneys will identify the particular Deputy District Attorney tasked with a filing decision in your case. It is imperative that this individual has access to the narrative produced by the police officer and any additional evidence not known or not properly described in the report. Our team has been successful at stopping domestic violence cases prior to arraignment for hundreds of clients.
The complaining witness in a domestic violence case can obtain the reports associated with the case prior to the court date by contacting the Records Department for the police agency that made the arrest. If you are looking to obtain a report in a specific case, please refer to the correct police department:
70 North 1st Street
Campbell, CA 95008
(408) 866-2101 [main]
7301 Hanna Street
Gilroy, CA 95020
(408) 846-0350 [main]
One North San Antonio Road
Los Altos, CA 94022
(650) 947-2770 [main]
1275 North Milpitas Boulevard
Milpitas, CA 95035
(408) 586-2400 [main]
16200 Vineyard Boulevard
Morgan Hill, CA 95037
(408) 776-7300 [main]
1000 Villa Street
Mountain View, CA 94041
(650) 903-6344 [records]
275 Forest Avenue
Palo Alto, CA 94301
(650) 329-2413 [main]
201 West Mission Street
San Jose, CA 95110
Phone: (408) 277-8900 (ext. 1) [main]
601 El Camino Real
Santa Clara, CA 95050
(408) 615-4700 [main]
700 All America Way
Sunnyvale, CA 94086
Phone: (408) 730-7100 [main]
Santa Clara Domestic Violence cases are litigated in one of the three criminal courts in the county. If you are accused of committing any criminal offense in San Jose, your case will likely be handled at the Hall of Justice.
San Jose Court
Hall of Justice (HOJ)
191 West Hedding Street
San Jose, CA 95110
Otherwise, your case may be heard in the following courts:
Palo Alto court
270 Grant Ave
Palo Alto, CA 94306
Morgan Hill Court
301 Diana Ave
Morgan Hill, CA 95037
After your initial court appearance, the District Attorney will provide counsel with the initial discovery in this case through Santa Clara’s electronic discovery process. Initial discovery usually involves written police reports but will not include photographs, videos or other visual information. Santa Clara judges tend to have very little involvement in the resolution of domestic violence matters. In San Jose, judges will often intervene on the day of trial and it may be wise to set your matter for trial to obtain a better outcome.
Beatrice A (Sunnyvale CA)
I want to thank the entire team at Summit Defense for the remarkable job after my son’s arrest. Special mention to Mr. Pytlik and his assistant Fara who went above and beyond to help our family and answered all our questions.
Thomas H – (Palo Alto CA)
Rabin Nabizadeh is a magician. Not only was my case not filed in court, he managed to seal the record of arrest and save my license and my career. Couldn’t be happier with this firm.
Sandeep K – Milpitas CA
Not sure where I would be without this law firm. I was terrified of going to jail and called so many lawyers for help. After finding out about the immigration results of domestic violence, I panicked and hired Steve Davidson. I have h1 visa and could be deported. Mr. Davidson was able to dismiss this case and I am so grateful.
Ajay K – San Jose Superior Court – 2019
The client was charged with Felony Domestic with Listed Prior Domestic Violence offense. Despite repeated indications to the contrary, the complaining witness appear in court and testified adding several previously unknown allegation causing the Preliminary Hearing to last almost an entire day. Having anticipated the possibility, Mr. Pytlik was able to raise significant doubt as to her credibility causing the District Attorney to dismiss the case.
Thomas H – San Jose Superior Court – 2015
The client was facing 6 years in state prison for aggravated Domestic Violence. After initial investigation, our team found several pieces of evidence on social media that directly contradicted the complaining witness’ account of events and presented these to the District Attorney leading to rejection of the case and no filing.
Choosing the attorney that will represent you is one of the most important decisions that you will make. When you hire your attorney, you should look for someone who both excels in the courtroom and also carefully listens to your concerns. Academic credentials are important, but so are the abilities to listen to the client’s needs and to be responsive. Summit Defense believes that their clients should expect and demand a law firm that provides superb customer service.
Summit Defense is proud to have been awarded the highest possible rating for customer service by the Better Business Bureau. Summit Defense has received an “A+” for the past 6 years.