REDWOOD CITY DOMESTIC VIOLENCE ATTORNEY
EXPERIENCED CRIMINAL DEFENSE FOR COMPLEX DOMESTIC VIOLENCE CASES
Being charged with domestic violence is one of the most disorienting experiences a person can face. The consequences move fast: an arrest, a protective order, potential separation from your home and children, and a criminal record that can affect your job, your housing, and your immigration status. And in many cases, the person charged did not do what they are accused of.
At the Law Offices of M. Gabriela Guraiib, our Redwood City domestic violence attorney is a former public defender who has seen these cases from every angle. We understand how quickly a misunderstanding or a false accusation can spiral into a serious criminal matter, and we know how to build a defense that tells your full story.
If you have been charged with domestic violence in Redwood City or anywhere in San Mateo County, call us today at 650-227-9132 for a free consultation or get in touch online. We are available 24/7.
WHAT QUALIFIES AS DOMESTIC VIOLENCE IN CALIFORNIA?
California law defines domestic violence broadly. A charge can arise from an incident involving:
- A current or former spouse or domestic partner
- A current or former dating partner
- A co-parent or someone you share a child with
- A family member or household member
The conduct that triggers a domestic violence charge can include physical harm, attempted physical harm, sexual assault, stalking, harassment, or credible threats of harm. This means that even in cases where no one was physically injured, a charge can still be filed based on an argument, a threatening gesture, or a 911 call made in the heat of the moment.
MISDEMEANOR VS. FELONY: HOW CHARGES ARE CLASSIFIED
Domestic violence is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on the facts of the case.
Misdemeanor domestic battery is typically charged when there is no injury or only minor injury. A conviction can result in up to 364 days in county jail, a fine of up to $2,000, mandatory completion of a 52-week batterer’s intervention program, and fines paid to a battered women’s shelter.
Felony charges are more likely when the alleged victim sustains significant injuries such as lacerations, broken bones, or injuries requiring medical treatment. A felony conviction for inflicting corporal injury on a spouse or cohabitant can result in up to four years in state prison, a fine of up to $6,000, victim restitution, mandatory counseling, and a permanent strike on your record under California’s Three Strikes Law.
Prior convictions significantly increase the penalties in either category. An experienced domestic violence attorney in Redwood City can sometimes negotiate a wobbler down from a felony to a misdemeanor, or work toward a dismissal when the evidence does not support the charge.
One of the most immediately disruptive consequences of a domestic violence arrest is the protective order. California law allows law enforcement to issue an Emergency Protective Order, or EPO, at the scene of the arrest. This order takes effect immediately and can last up to seven days. It may require you to leave your home, cease all contact with the alleged victim, and stay away from your children.
Following the EPO, the court may issue a Criminal Protective Order that remains in effect for the duration of your case and potentially for years after a conviction. If you share children with the protected party, this order can severely restrict your custody and visitation rights even before your case is resolved.
It is critical to follow any protective order exactly as written, even if the alleged victim reaches out to you or says they want to reconcile. Violating a protective order is a separate criminal offense and will be used against you in your case.
Our office works quickly to ensure that protective order conditions are as reasonable as possible, and where appropriate, to seek modifications that allow for continued parenting contact while your case is pending.
For non-citizens living in Redwood City and throughout San Mateo County, a domestic violence charge carries consequences that go far beyond the criminal penalties. Under federal immigration law, domestic violence offenses are classified as deportable offenses. This means that even a misdemeanor conviction can trigger removal proceedings, denial of naturalization, or inadmissibility for those seeking to adjust their status.
Specific immigration risks include:
- Deportation and removal:A conviction for a domestic violence offense, as defined under federal law, is a mandatory ground for removal under the Immigration and Nationality Act. This applies to lawful permanent residents, visa holders, and those with pending immigration applications.
- Denial of green card or citizenship: A domestic violence conviction, or even a guilty plea, can be treated as a crime of moral turpitude, which bars adjustment of status and naturalization.
- VAWA considerations: It is worth noting that in some cases, an alleged victim who is also a non-citizen may have applied for immigration relief under the Violence Against Women Act, which can create additional complexity in how a case is prosecuted.
- Plea agreements and immigration exposure: Many defendants are offered plea agreements that seem favorable on the surface but carry severe immigration consequences. Before accepting any plea, it is essential to understand exactly how it will be classified under federal immigration law. Attorney Guraiib works closely with immigration counsel to ensure that criminal defense strategy accounts for her clients’ full situation.
If you are not a U.S. citizen and have been charged with domestic violence in Redwood City, do not speak to law enforcement or accept any offer without first speaking with a criminal defense attorney who understands the immigration stakes.
Not every domestic violence accusation reflects what actually happened. False, exaggerated, or retaliatory accusations occur more often than many people realize, and California’s mandatory arrest policies mean that police are required to make an arrest when they respond to a domestic disturbance and believe a crime may have occurred. The threshold for an arrest is low, and the consequences begin immediately.
Common scenarios that give rise to false or unfair charges include:
- Mutual arguments that were misrepresented to police: When police arrive after a 911 call, they are required to determine who the primary aggressor and arrest that person. In heated disputes, this determination is often made quickly and based on incomplete information.
- False accusations made in the context of divorce or custody disputes: A domestic violence accusation can result in an automatic emergency protective order, which immediately gives one parent a significant advantage in a custody proceeding. This creates an incentive for false reporting that courts and defense attorneys see regularly.
- Victim recantation: In many cases, the alleged victim contacts the defendant after the arrest, expresses regret about calling police, and says they want to drop the charges. In California, this does not automatically end the case. Prosecutors have the authority to pursue a conviction even over the alleged victim’s objection, and they frequently do. Do not assume that a recanting victim means your case is over.
- Exaggerated police reports: Law enforcement reports are written from the officer’s perspective and may not accurately capture the full context of what occurred. These reports become a core piece of the prosecution’s case, and challenging their accuracy is an important part of building a defense.
Our Redwood City domestic violence attorney will investigate the full circumstances of your case, gather evidence that supports your account, identify inconsistencies in the prosecution’s evidence, and fight to have charges reduced or dismissed wherever possible.
Every domestic violence case is different, and a strong defense begins with understanding exactly what happened and what the prosecution can actually prove. Common defense strategies include:
- Self-defense or defense of others: California law recognizes the right to defend yourself or another person from harm. If you were responding to a threat or an attack, this may be a complete defense to the charge.
- Lack of injury or evidence: The prosecution must prove its case beyond a reasonable doubt. When there are no visible injuries, no corroborating witnesses, and a 911 call made in anger, the evidence may simply not support a conviction.
- Challenging the credibility of the accusation: In cases involving false or retaliatory accusations, we can present evidence of the alleged victim’s motive to lie, inconsistencies in their statements, and the history of the relationship.
- Negotiating for reduced charges or diversion: In appropriate cases, we can negotiate for a charge reduction from felony to misdemeanor, or explore diversion programs that may result in dismissal of the case upon completion.
What should I do if I am arrested for domestic violence in Redwood City?
Do not make any statements to law enforcement beyond providing your basic identifying information. Invoke your right to remain silent and your right to an attorney, and do not say anything about what happened until you have spoken with a lawyer. Call our office as soon as possible at 650-227-9132. What you say in the hours after an arrest can significantly affect your case.
Can the victim drop the charges against me?
In California, the decision to pursue or drop charges belongs to the prosecutor, not the alleged victim. Even if the person who called police no longer wants to press charges, the District Attorney’s office can and often does continue the case. An experienced attorney can work with both the circumstances of the case and the alleged victim’s position to seek dismissal, but this is not automatic.
Will I have to leave my home?
If an Emergency Protective Order is issued at the time of your arrest, you may be required to leave the home immediately, even if you own or lease the property. This order typically lasts up to seven days, after which the court may issue a longer-term Criminal Protective Order. We can advise you on your rights and work toward modifying order conditions where the law permits.
How will a domestic violence conviction affect my immigration status?
A domestic violence conviction is a federally defined deportable offense. For green card holders, visa holders, and others with pending immigration matters, even a misdemeanor conviction can have severe and potentially permanent immigration consequences. We strongly urge any non-citizen client to discuss the immigration implications of every possible case outcome before making any decisions.
What if I violated a protective order because the alleged victim contacted me?
A protective order is a court order, and you are bound by it regardless of who initiates contact. If the protected party reaches out to you, you must not respond. A violation of a protective order is a separate criminal offense that can result in additional charges, jail time, and deportation risk for non-citizen clients. Contact our office immediately if you are in this situation.
Can a domestic violence charge be expunged from my record?
In some cases, yes. California allows for expungement of misdemeanor domestic violence convictions under Penal Code 1203.4 if probation was successfully completed. Felony convictions are more difficult to expunge and depend on the specific charge and sentence. However, it is important to understand that an expungement does not erase the conviction for immigration purposes. We can advise you on whether expungement is an option in your specific case.
How much does it cost to hire a domestic violence attorney in Redwood City?
We offer a free consultation so that you can understand your situation and your options before making any decisions. Attorney fees vary depending on the complexity of the case and whether it proceeds to trial. We are committed to providing straightforward, honest information about fees during your consultation.
A domestic violence charge requires an immediate and strategic response. The Law Offices of M. Gabriela Guraiib represents clients in Redwood City and throughout San Mateo County who are facing domestic violence charges at every level of severity, from first-time misdemeanors to felony cases with serious immigration consequences.
Attorney Guraiib is a former public defender, fluent in Spanish, and has built her practice around the belief that everyone deserves a genuine defense, regardless of the circumstances.
Call 650-227-9132 today or contact us online to schedule your free consultation.
