San Jose Domestic Violence Attorney

Our Domestic Violence Lawyer in San Jose Can Help

Photo of a Domestic Violence Lawyer in San Jose

Domestic violence is a nationwide epidemic. More than 12 million U.S. men and women experience domestic violence each year. Domestic violence may occur over trivial issues or deep-seated emotional problems. However, there are also cases of wrongful accusations. This happens when a person wrongfully accuses a partner or family member of domestic violence. A conviction can cause serious damage to your career, education and life in general. Are you facing domestic violence charges or a restraining order? Our domestic violence lawyer in San Jose, CA can help to defend you from charges that may come with life-ruining consequences.

Attorney Nick Cvietkovich handles domestic violence defense cases in San Jose and the Bay Area. He has successfully helped many clients by providing fair and just representation.

What Are the Domestic Violence Laws in California?

An allegation of domestic violence is only considered as such when the victim of the action is a:

  • Current or former spouse
  • Romantic partner
  • Fellow parent
  • Other member of the accused person’s household

There are several situations where you could face domestic violence charges in California. Two are among the most common:

  • Infliction of corporal injury (Penal Code Section 273.5); and
  • Domestic battery (Penal Code Section 243(e).

What Is Infliction of Corporal Injury in California?

Infliction of corporal injury is potentially a felony. It could result in up to four years in state prison and fines of up to $6,000. Corporal injury is a traumatic bodily condition caused by physical force. The injury does not need not be serious, but it must be directly attributable to actions of the accused.

What Is Domestic Battery in California?

Domestic battery is a misdemeanor offense under California law. You could also face fines up to $2,000 and imprisonment for up to one year. An individual commits domestic battery when he or she willfully and unlawfully uses force or violence against a person who falls under domestic violence statutes. The victim does not need to suffer an injury to bring domestic battery charges.

What Are More Domestic Violence Consequences in California?

Facing a criminal conviction comes with its own set of consequences. In addition to fines and time behind bars, you could face problems that affect your life in many ways. For example, you could experience the following consequences for a domestic violence conviction:

  • Loss of gun rights. You may be unable to purchase or own a firearm in California if you receive a conviction.
  • Loss of custody. If you have a child, or are in the middle of a custody dispute, then you could lose custody for receiving a conviction.
  • Immigration issues. You could face deportation if you are an immigrant. Additionally, you could become unable to enter the United States.
  • Loss of job opportunities. You could lose your job for a conviction. You could also face major difficulties finding another job. Many employers have reservations about hiring people with criminal convictions.
  • Restitution. Some criminal convictions require you to pay restitution to the victim. You could have to pay money to the person who accused you of domestic violence.

As you can see, the consequences of a domestic violence charge extend far beyond time in jail and fines. Some of the consequences listed above may follow you for the rest of your life.

What Are California Domestic Violence Defense Strategies?

There are a couple of ways our domestic violence defense lawyer in San Jose could defend you from criminal charges. Your options depend on the circumstances surrounding your case. Each case is going to be different. However, here are some of the most common defense options.

  • False accusation. It may be possible to show that the accuser is not telling the truth about what happened. Or, you may be able to prove that the accuser is not telling the truth about the extent of his or her injuries.
  • Self-defense. It may be possible to show that you were acting in self-defense when the situation occurred.
  • The injuries did not occur from the incident. It may be possible to show that the injuries suffered by the accuser did not occur due to domestic violence.

It is important to work with an attorney who has experience with domestic violence cases. He or she will know the best defense strategies and have experience dealing with seasoned prosecutors.

Contact Our San Jose Domestic Violence Lawyer

We have extensive experience defending against domestic violence charges. Our San Jose domestic violence attorney understands that whether you have been falsely accused or simply made a mistake, you may still have a number of defense options under California law. Depending on the circumstances, we can potentially reduce or eliminate charges and penalties.

Facing domestic violence charges on your own is never a good option. The stakes are too high, and even a minor mistake can lead to life-ruining consequences. Instead, put the experience of our team to work. Contact the Law Offices of Thomas Nicholas Cvietkovich to find out how we can help. Call (408) 898-9653 to schedule your free consultation today.


Nick is an excellent attorney who really cares for his clients and knows what he is doing. His experience can be easily noticed. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end, it is a relief to speak to an attorney like him that is not just trying to retain your business, but genuinely cares for the people he works with. He has a great team of people working for him that are always willing to update you on your case and answer any questions you might have. If you want a great attorney who will not overcharge you and will get you the best results, call his office.

-Mari, Yelp

There’s not enough words to explain how grateful I am with Nick. He defended my husband in a 25 to life case. No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest and professional! He was always keeping us updated and letting us know of the status of the case. He would always return our calls and txt messages. Not like others lawyers that all they want is money. Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you. Thanks to you the case was dismissed!!!

-Anna, Google

Nick is an incredible lawyer. I worked with Nick for about 2 years to have my case resolved. I selected him from conducting 7 interviews with a couple of other lawyers but I knew that he was the man for the job when I talked to him. I selected him after 2 interviews after I knew that he was an experienced lawyer and handled numerous cases within my charge. Nick is very thorough, professional, and always goes above and beyond for his clients. He is very exceptional and I would recommend Nick again in the future for any client that wants to either win, dismiss, or reduce any charges. I highly recommend Nick Cvietkovich.

-Ron, Yelp

When I got my second DUI, a friend of mine told me about Nick and how he is a great defense lawyer and would do whatever it took to get me the best deal. Upon meeting him, I already that I was in good hands. Throughout my case, he would keep me updated with any new information that would help my case and always be ready to answer my questions. He was very understanding with everything and helped me every way possible. Then when I got in trouble with driving without a license, I went back to him and he quickly took my case and did such a wonderful job. I was worried about what would have happened with me but Nick kept me calm and would make sure that I would be taken care. He is a great lawyer with great staff and is someone I recommend to anyone that is looking for a top notch defense lawyer. Thank you for everything Nick.

-Carlos, Yelp

I was pulled over by the police in San Jose about 4 months ago with a .09 blood alcohol level. I knew I had to get some help. This was my first time ever needing legal help. When I spoke with Nick he sounded like a nice guy. He was knowledgeable and offered a very reasonable price. So I went with him and hoped for the best. Little did I know I had just hired an excellent lawyer. He went to work right away. He made me feel comfortable and was always quick to get back to my questions and concerns and always kept me informed with the case. Four months later his strategy worked great. I had prepared myself for a DUI sentence but was hoping to get at least a wet reckless. I ended up walking away with a dry reckless and a small fine. My license was not affected either. I can’t thank him enough. Nick is a very intelligent, personable and clever lawyer. He knows the system well and was able to get me the lightest possible sentence. If I ever have any legal questions or need any legal help in the future, he will be my first call.

-Kelly, Avvo

I give 5 stars for Mr. Cvietkovich. My family was going through a terrible tragedy and on top of that had a legal issue that was time sensitive. I contacted Nick Cvietkovich and in just a few hours Mr. Cvietkovich got all the parties together and resolved the issues. Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. Everyone needs a lawyer that not only gets things done but gets things done quickly. Thank you Nick Cvietkovich – words cannot express my gratitude.

-Justin, Yelp

Why Choose Us

  • More than 14 years of experience
  • Have handled 4,500+ cases
  • Available 24/7
  • Top Accreditations
  • Represent wide range of criminal charges