Domestic Violence Defense Attorney
A domestic violence arrest can affect your career, your visa status, your family, and your reputation. One call to the police, one misunderstanding, or one night that spiraled out of control can lead to criminal charges with consequences that may follow you for years.
I’m Cameron Bowman. I spent 17 years as a Deputy District Attorney in the Santa Clara County DA’s Family Violence Unit, where I personally prosecuted hundreds of domestic violence cases. For the last two decades, I have defended people facing these same charges. I have tried more than 100 cases to verdict.
I understand how prosecutors evaluate, file, and build domestic violence cases because I used to handle them from the other side. That experience helps me identify weaknesses in the evidence, challenge assumptions, and build a defense strategy based on the facts.
If you were arrested for domestic violence in San Jose, Santa Clara County, or anywhere in the South Bay, the decisions you make in the next 48 hours can significantly affect what happens in court months from now.
Call (408) 404-5377 today or request a free consultation online.
What Happens After a Domestic Violence Arrest in Santa Clara County
Most people who call me have never been arrested before. They do not know what comes next. Here is what you should expect:
The Arrest and the Emergency Protective Order (EPO)
At the scene, California law requires officers to make an arrest whenever they have probable cause to believe domestic violence occurred — even if no one wants to press charges. Officers will photograph any visible marks, take statements, and in most cases issue an EPO that immediately bars you from returning home or contacting the alleged victim. The EPO lasts up to seven days.
The Filing Decision
After the arrest, the Santa Clara County District Attorney's Office reviews the police report and decides whether to file charges. This review period — typically a few days to a few weeks — is one of the most important windows in your case. If I am retained during this period, I can present evidence to the DA's Office before the filing decision is made. In many cases, this early intervention results in reduced charges or no charges at all.
Arraignment and the Criminal Protective Order (CPO)
If charges are filed, you will be arraigned at Santa Clara County Superior Court. At arraignment, the court will typically issue a CPO that replaces the EPO. A CPO can last for years and may prevent you from returning to your home, seeing your children, or contacting your spouse — even by text. I fight aggressively at arraignment to secure modified protective orders, including peaceful-contact orders that allow families to maintain communication.
Consequences of a Domestic Violence Conviction in California
California treats domestic violence as one of the most aggressively prosecuted categories of crime. Even if the alleged victim recants, changes their story, or asks the DA to drop the case, the state can — and routinely does — proceed on its own. A conviction can result in:
- Jail or state prison time, depending on whether the charge is filed as a misdemeanor or felony.
- A permanent criminal record that appears on background checks for employment, housing, and professional licensing.
- A mandatory 52-week Batterer's Intervention Program under Penal Code §1203.097.
- Loss of firearm rights.
- A rebuttable presumption against child custody under Family Code §3044.
- Mandatory fines, restitution, and potential payments to a domestic violence shelter fund.
- Serious immigration consequences for non-citizens.
Note on Firearms: A conviction under Penal Code §273.5 can trigger a lifetime firearm prohibition under both federal and California law. A conviction under Penal Code §243(e)(1) can also create a 10-year prohibition under California law and potentially broader federal consequences.
A Note on Immigration
If you are in the United States on an H-1B, L-1, O-1, or another work visa, a domestic violence conviction can be a life-altering event. Under federal immigration law, certain convictions can trigger deportation proceedings, visa revocation, or denial of naturalization.
I am not an immigration lawyer, but I work closely with experienced immigration attorneys to ensure your criminal defense strategy is coordinated with your immigration objectives from day one. I frequently represent engineers, product managers, and executives at Silicon Valley companies who cannot afford a conviction with severe immigration consequences.
Common Domestic Violence Charges in California
Corporal Injury to a Spouse or Cohabitant
This applies when the prosecution alleges physical injury — even minor redness or bruising — resulted from intentional force against a partner or co-parent. This is a "wobbler," meaning it can be charged as a misdemeanor or a felony.
Domestic Battery
Charged when harmful or offensive physical contact is alleged, even if no visible injury resulted. It still triggers mandatory programs and serious firearm consequences.
Criminal Threats
Statements made during arguments (texts, emails, voicemails) can be charged if they were intended to place someone in sustained fear. We often argue that emotionally charged language does not meet the specific legal standard for a "threat."
Violation of a Protective Order
Even accidental or indirect contact, a text through a friend or an email about children, can lead to new criminal charges.
How I Defend Domestic Violence Cases
My approach is built on two decades of defense work informed by 17 years of prosecutorial experience.
Early Intervention
I do not wait for the arraignment. I immediately review 911 recordings, body camera footage, and witness statements to present exculpatory evidence to the filing DA before charges are even finalized.
Challenging the Evidence
I look for inconsistencies between victim statements and physical evidence, demonstrate when injuries were accidental, or establish when allegations are tied to a custody dispute or divorce.
Coordinated Immigration Defense
I evaluate every plea agreement for immigration risks from day one.
Record Relief and Arrest Sealing
I include petitions to seal arrest records as part of my standard engagement, ensuring your background check is as clean as possible.
What Makes My Approach Different
In more than three decades practicing criminal law in Santa Clara County, I have handled hundreds of cases and tried over 100 to verdict. I was named Trial Attorney of the Year by the Santa Clara County District Attorney's Office.
My reputation as a trial attorney strengthens my negotiations; the prosecution knows I am prepared to go to trial if the offer is not fair. Most importantly, I do not delegate your case. When you hire me, I am the attorney who appears in court and handles every negotiation.
Who I Represent
- Technology Professionals: Engineers and executives throughout Silicon Valley facing career-threatening charges.
- First-Time Offenders: Individuals who need to prevent a conviction from appearing on their record.
- The Falsely Accused: Those facing allegations born from a relationship breakdown or custody battle.
- Self-Defense Cases: People wrongly arrested under mandatory-arrest policies.
Domestic Violence Defense FAQs
Can domestic violence charges be dropped if the victim does not want to press charges?
Will I go to jail for a first-time domestic violence offense?
How long does a domestic violence case take in California?
Can a domestic violence conviction be expunged?
What should I do immediately after a domestic violence arrest?
Serving San Jose and the Entire South Bay
I represent clients throughout Santa Clara County, including:
- San Jose, Sunnyvale, and Santa Clara
- Mountain View, Palo Alto, and Los Altos
- Cupertino, Campbell, and Los Gatos
- Saratoga, Milpitas, Morgan Hill, and Gilroy
Call today or request a free consultation online. The sooner you act, the more options you may have.