Oakland Domestic Violence Attorney

California Domestic Abuse Laws

At the Law Office of Nabiel C. Ahmed, our Oakland domestic violence lawyer creates results-driven strategies to fight for those accused of domestic violence. If you were arrested or are being investigated for suspicion of domestic violence, it is essential to have someone on your side who knows how to protect your rights. Attorney Nabiel C. Ahmed is among the most well-respected and accomplished defense attorneys in the Bay Area, with a perfect 10.0 rating on Avvo and thousands of successful cases on his record.

While other lawyers may handle too many cases to give each client enough attention to give them a chance in court, each of our clients is provided with a high level of focus. We recognize that every individual is going through a situation that is unique to them, and our clients are never treated like just another case number. Rather, we ensure that each client we work with is provided with well-equipped defense and around-the-clock attention.

When a client hires us, we seek a complete understanding of his or her case to explore all of their options. Our firm is known for our highly-effective defense tactics, and we use our record of success to the client’s advantage. More than anything, our Oakland domestic violence lawyers provide our clients with the representation they need to get the best results possible.

Accused of domestic violence? Don't face your charges alone. Get the defense you need by contacting us today.

Small Firm Attention, Large Firm Results

• Creative Defense to Meet Your Needs
• Proven Results In & Out of Court
• Aggressive & Passionate Litigation
• Flexible Payment Options
• Thousands of Cases Handled

Defenses Against Domestic Violence Charges in CA

A few common defenses to domestic violence charges include:

• False Accusations - If you have been accused of domestic violence, a first line of defense is to look at the accusation to see if the charge is taken out of context and a lack of communication.
• Insufficient Evidence - A domestic violence accusation usually includes visible injuries. However, if there are no previous emergency calls made and no witnesses the charge could prove to be insufficient evidence.
• Acted in Self Defense - If you acted in self defense, you may also be a victim despite your domestic violence charges.

California Domestic Violence Penalties

According to CA penal code 273.5, it is illegal to inflict "corporal injury" that results in traumatic condition—whether mental, physical, or emotional—being inflicted on an intimate partner. An intimate partner includes:

• spouses & former spouses
• cohabitants & former cohabitants
• anyone whom the offender has dated
• mother or father of offender's child

This is considered a felony in California and the penalties for it may result in between 1 - 4 years in county jail.

Domestic Violence Frequently Asked Questions

Q: Can I be arrested for domestic violence in California if I didn't even touch my spouse?

A: The simple answer is yes. If your spouse felt threatened and afraid, then you can still be arrested and charged with domestic violence in the State of California. When police officers arrive, they will often arrest a person on suspicion of domestic violence, even if there is little evidence to support this claim.

Q: I am not a U.S. citizen—what will happen if I am arrested for domestic violence in California?

A: Non-U.S. citizens who have been accused of domestic violence face deportation. An experienced Oakland domestic violence attorney can begin building your defense and work aggressively to protect your right to remain in the country. If you are not a U.S. citizen, contact a lawyer immediately.

Q: What if my spouse changes her mind and wants to drop charges?

A: Even if your spouse recants his or her decision to press charges of domestic violence, it is up to the prosecutor to decide if there is enough evidence to convict. In many cases, prosecutors will continue pursuing the complaint, even when the victim wishes to stop.

Q: I was issued a No Contact Order, but my ex keeps calling me. If she is the one calling, can I talk to her?

A: No. If you have a No Contact Order against you, then you are not allowed to have contact with the alleged victim at all—even if they are the one initiating the contact. You must first have the No Contact Order dismissed. If you call your ex back or accept her contact, then you are in direct violation of your No Contact Order and could be sentenced to jail time.

Q: I am not married but was still charged with domestic violence in California. Is that legal?

A: Yes, in the State of California, anyone who is co-habiting, dating, is a former spouse, or who is the parent of a child in common with that person could be charged with domestic violence. You do not have to actually be married to that person at the time.

Q: Should I try to explain my side of the story to the officers or prosecutors?

A: No. The officers will decide to arrest you or not arrest you based on the evidence they find at the scene and the victim's story. You should request permission to contact an Oakland domestic violence attorney and then refrain from speaking to officers until you first speak to your lawyer. Your lawyer can advise you on the best way to navigate these dangerous waters.

Q: I was arrested for domestic violence. What charges will I face?

A: If you are arrested for domestic violence, you could face a variety of different charges, including: misdemeanor battery, felony battery, violation of restraining order, domestic battery, corporal injury to domestic partner, and more.

Highly Respected Domestic Violence Attorney in Oakland

At the Law Office of Nabiel C. Ahmed, we are committed to protecting the rights and futures of individuals who have been accused of domestic violence. With over 10 years of experience in the field, our Oakland domestic violence lawyer knows what it takes to build a strong defense that is most likely to help an individual get his or her charges reduced or dismissed. Because of the potential of facing such harsh penalties, it is essential that you reach out to our firm as soon as possible after you have been charged. We stand ready to fight tirelessly on your behalf, regardless of how complicated matters may be.

Helping You Stay Out of Jail

Over the years, our firm has become recognized for our ability to provide our clients with the creative and hard-hitting defense they need to succeed. When clients hire us, they are provided with the individualized attention and helpful counsel they deserve. If you are facing a domestic violence charge, it is important to know that you are not alone. There are ways to beat these serious charges, but only if you act quickly. We proudly help clients in Oakland, Berkeley, Richmond, Concord, and the surrounding areas!