Browse our FAQs to understand your rights and options. From criminal defense to family law and restraining orders, we provide straightforward answers so you know what to expect.
General FAQS
Vijay Dinakar is the owner and trial attorney at Vijay Law. He has over eighteen (18) years of trial experience and began his legal career as a public defender for six years before opening Vijay Law in 2014. His practice focuses on criminal defense, domestic violence restraining orders, high-conflict family law cases, and cross-border matters.
Vijay Law was founded in 2014 by Vijay Dinakar following six years as a public defender. The practice began with criminal defense and has grown to include domestic violence restraining orders, high-conflict family law, immigration consequences of criminal cases, and cross-border India-California and China-California matters. The firm is based in San Jose and primarily serves Santa Clara and Alameda Counties.
Vijay Law handles criminal defense (including DUI, domestic violence crimes, child abuse, sex crimes, hit and run, homicide and all other serious and violent crimes); domestic violence and civil harassment restraining orders; high-conflict family law; immigration consequences of criminal cases; and cross-border India-California and China-California cases. The practice areas overlap substantially, and many clients face matters across more than one of them simultaneously.
The primary practice is in Santa Clara and Alameda Counties. We selectively accept cases in adjacent Bay Area counties – San Mateo, San Francisco, and Contra Costa – depending on the case type and circumstances. Call the office to discuss whether your case is within our practice area.
English is the primary language of the office. We have many clients who primarily speak the following languages: Hindi, Punjabi, Telugu, Tamil, Mandarin, Cantonese, Spanish and many other languages.
Vijay Law handles all misdemeanor and felony criminal cases in California. We do not handle traffic infractions or cases outside the State of California.
High-conflict family law and DVRO cases turn on contested facts, credibility, and evidence which are the same skills that win criminal trials. Criminal-defense-trained preparation, cross-examination, and evidentiary discipline produce better outcomes in these contested matters than the negotiation-focused approach most family law attorneys use.
Public defenders are often excellent lawyers – Vijay was one for six years. The difference is caseload and access. Public defenders carry very large caseloads, which limits time per case and client communication. Private representation provides selected counsel, individualized attention, and direct access to the attorney.
Use the contact form on the website or call the office at (408) 275-2307. The office is located at 255 N. Market St., Suite 280, San Jose, CA 95110. Consultations are available in person, via video, or by phone, depending on your preference and circumstances.
The consultation is a confidential conversation about your case; the facts, the applicable law, the likely procedural path, possible outcomes, and your representation options. Attorney-client privilege applies regardless of whether you ultimately retain the firm. Most consultations last for one hour. After your initial consultation, you will leave feeling much better informed and hopeful about your serious legal concern.
Bring any court documents, police reports, citations, bail release paperwork, restraining orders, charging documents, or correspondence you have received. Bring copies of any prior court orders if applicable. A list of witnesses or other people involved in the matter is useful. Notes on key dates and events help the consultation move efficiently. If you don’t have any documents, that is fine – any and all questions you have will be answered candidly.
Every case is different. Fees depend on the case type, complexity, expected procedural posture, and other factors specific to the matter. Call the office for a consultation to discuss your specific case and the applicable fee structure.
Meet the attorney. Hire someone you trust and feel comfortable with, who appears competent in the relevant practice area, and who will commit fully to your case. Reputation, experience, and direct communication during the consultation are useful indicators. The best attorney for you is the one you feel comfortable with, can easily communicate with, and trust.
Yes. The attorney-client privilege is sacred and protects communications made for the purpose of seeking legal advice, during representation and following representation.
Communication varies by case stage and what is actively happening. Active litigation phases – court hearings, motion practice, trial preparation – involve frequent communication. Quieter periods, such as waiting for prosecution filing decisions or scheduled hearings, involve less. We commit to returning client messages and providing meaningful updates as the case develops.
Vijay Dinakar is the owner of the law firm and personally handles every case at the law firm. Vijay Law maintains an effective team of support but when you hire Vijay Law you hire Vijay.
Yes. Clients have the right to change counsel at any time. Practical considerations include any active trial setting and the recovery of prepaid fees. New counsel files a substitution of attorney form, and the existing counsel is required to transfer the file. The transition is a normal part of legal practice. Vijay Law often takes over criminal and family cases at multiple stages of the case: pre-filing, pre-trial, or midway through the case.
Call a criminal defense attorney immediately. Determine which jail they are being held at. Do not attempt to discuss the case with them on jail phones because those calls are recorded. Avoid making statements to police on their behalf. Bail information is available from the booking facility. Attempt to arrange bail for their release. Once released, have them meet a criminal attorney as soon as possible.
No. Do not speak with law enforcement without an attorney present, ever, for any reason. “Just a few questions” is rarely just a few questions. Politely decline, state clearly that you will not answer questions without counsel, and contact an attorney immediately. This applies to in-person contact, phone calls, and station visits alike.
No. No ethical attorney guarantees outcomes in a criminal case, doing so violates California Rules of Professional Conduct. More practically, personal relationships with prosecutors are not what determines case outcomes; facts, evidence, and substantive defense work do. Be cautious of any attorney making outcome promises based on their relationship with the prosecutor.
Yes. The best plea bargains come from leverage. Prosecutors offer better deals to defendants represented by counsel who will and can take the case to trial. An attorney who will not go to trial is not negotiating from strength. Trial-ready preparation often produces the best negotiated settlements.
Business attire. Suit and tie for men; equivalent professional dress for women. Clean, conservative, neutral colors. Avoid slogans, casual wear, sunglasses, hats, and athletic wear. The reference point is to dress as your attorney would dress for court.
Yes. We have substantial experience representing alleged victims in domestic violence cases (DVRO petitioners), civil harassment petitioners, and other matters. Petitioner-side and respondent-side work require the same evidentiary discipline; the strategic goals differ. The firm is credible on both sides of these cases.
It varies significantly by case type and complexity. Misdemeanor criminal cases often resolve in three to nine months. Felony cases can take over a year. That said, many cases resolve much quicker and still others take even longer. DVRO matters typically resolve in one to four months. Divorce cases often take six months to two or more years depending on complexity and conflict level. High-conflict cases run longer.
Yes and ideally so. DVRO and divorce cases frequently run together, and coordinated representation in both forums prevents strategic conflicts and information gaps. Different attorneys handling each case can produce outcomes that damage one to help the other. Same-attorney representation is a significant practical advantage when both proceedings are active.
Yes, when the attorney has substantive experience in both practice areas. A criminal disposition affects custody, support, immigration status, and asset division in the divorce. Divorce filings can affect criminal case strategy. Coordinated representation often produces better outcomes than retaining two unrelated attorneys.
Indicators include contested custody, accusations of abuse, restraining orders, hidden assets, business valuations, prior litigation, refusal of mediation, repeated court filings, allegations of parental alienation, or significant power imbalances between the parties. Cases involving multiple of these factors are high-conflict and require trial-capable counsel.
General FAQS
Call (408) 275-2307 or use the website form. Consultations are available in-person or by phone.
The attorney reviews your case facts, applicable law, procedural options, and likely outcomes. All consultations are confidential.
Court documents, police reports, citations, restraining orders, prior court orders, correspondence, and notes on key dates or witnesses.
Fees depend on case type, complexity, and procedural posture. Call the office for a personalized estimate.
Consider trust, communication, competence, and experience. Feeling confident in the attorney is essential.
Yes, protected by attorney-client privilege. Limited exceptions exist for future crimes or mandated reporting.
Communication varies with case stage. Active litigation: frequent updates; waiting periods: less frequent. The firm commits to responding to client messages promptly.
Vijay Dinakar personally handles all substantive legal work. Support staff manage scheduling and administrative tasks only.
Yes, at any time. Substitution paperwork allows a smooth transition to a new attorney.
General FAQS
Contact an attorney immediately, locate where they are being held, and avoid making statements to police. Bail information is available from the booking facility.
No. Always request an attorney before speaking to law enforcement, even for a “few questions.”
No. Outcomes depend on evidence and legal strategy; no attorney can guarantee results ethically.
Yes. Trial-ready preparation provides leverage for better plea negotiations.
Business attire: clean, professional, conservative colors. Avoid casual wear, slogans, hats, or athletic clothes.
Yes. The firm represents both sides in DVRO and civil harassment matters with the same evidentiary discipline.
Misdemeanors: 3–9 months; Felonies: 1–2+ years; DVRO: 1–4 months; Divorce: 6 months–2+ years depending on complexity.
Yes. Coordinated representation avoids conflicts and ensures strategic alignment.
High-conflict indicators include contested custody, abuse allegations, restraining orders, hidden assets, repeated filings, or parental alienation.
Yes. Coordinated representation ensures custody, support, and asset issues are handled efficiently.
High-conflict indicators include contested custody, abuse allegations, restraining orders, hidden assets, repeated filings, or parental alienation.
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Yes. DUI cases have real defenses: challenges to the stop and detention, the field sobriety tests, the chemical test administration, Title 17 compliance, no-drive defense, and rising-BAC defense among them. Even when a conviction appears likely, the disposition can often be negotiated significantly to a wet reckless, dry reckless, or other reduced charge. Not fighting the case and simply pleading at arraignment forecloses these options.
There are two separate license tracks. The DMV imposes an administrative suspension automatically unless a hearing is requested within 10 days of arrest. The court can also order a suspension on conviction. The 10-day DMV deadline is the most time-sensitive item after a DUI arrest. If you win your DMV hearing and you are not convicted of a DUI, your license will not be suspended.
Every case is different. The attorney fee will depend on whether the case is a misdemeanor or felony, prior offenses, refusal allegations, immigration considerations, and whether the case goes to trial. Call Vijay Law for a consultation about your specific DUI case.
California’s implied consent law triggers an automatic one-year license suspension for a first-offense refusal, longer for priors. The refusal is also admissible at trial as consciousness of guilt. The pre-arrest preliminary alcohol screening (PAS) test and field sobriety tests are different from the post-arrest evidentiary chemical test in that only refusal of the post-arrest evidentiary test triggers the implied consent penalty.
A single misdemeanor DUI generally does not trigger automatic deportability or inadmissibility, but multiple DUIs, DUI with injury under VC 23153, or DUI combined with other factors can. Naturalization can be delayed by recent DUI under the good moral character analysis and non-citizens can expect to minimally face delays, RFE requests, and secondary screenings when attempting to re-enter the country. Non-citizens facing DUI charges should ensure immigration consequences are considered at the earliest possible time to preserve their immigration status.
Many California licensing boards require disclosure of DUI arrests and convictions, including the boards governing nurses, doctors, lawyers, real estate professionals, and contractors. Some impose discipline; others require monitoring programs. The licensing fallout often has a longer and larger impact than the criminal penalty itself.
Yes, on a range of grounds. These include an unlawful stop, lack of probable cause for arrest, broken chain of custody on the chemical test, Title 17 violations in breath testing procedure, lack of corroboration or a not-guilty verdict following trial. Dismissals happen more often than the public realizes when defense counsel actively pursues them.
Yes, in many cases. A wet reckless (VC 23103.5) avoids the DUI label but keeps some DUI-related consequences, including treatment as a priorable DUI for 10 years. A dry reckless (VC 23103) drops most DUI consequences entirely and is harder to obtain. Both depend on the specific facts and the strength of the defense.
California has zero-tolerance rules only for drivers under 21 (any measurable alcohol, 0.01% BAC) and for commercial drivers (0.04% BAC). General adult drivers are subject to the 0.08% BAC standard. Drug-DUI has no per-se number as impairment is determined case-by-case.
DUI is generally a misdemeanor. It becomes a felony when there is injury (VC 23153), on the fourth DUI within 10 years (VC 23550), or with a prior felony DUI on record. Felony DUI carries state prison exposure rather than county jail.
Yes if your California driver’s license matters to you. The DMV administrative hearing is separate from the criminal case, follows different rules, and the request itself preserves the license during the case. The 10-day window after arrest is the deadline to request the hearing.
A DUI conviction stays on the DMV record for 10 years for purposes of priorability, meaning a second DUI within 10 years is treated as a priorable offense. The conviction remains on the criminal record indefinitely unless dismissed under California Penal Code section 1203.4. Insurance impact typically runs 7 years. While immigration authorities will always know about your DUI, regardless of its outcome or date of incident.
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A Domestic Violence Restraining Order (DVRO) is a civil (family) court order issued under California’s Domestic Violence Prevention Act that restricts contact and conduct between people in a defined domestic relationship. It is issued by the family court and can include stay-away orders, no-contact orders, move-out orders, support orders, and other related orders. A DVRO can last up to five years initially with permanent renewal possible.
A DVRO can be issued for up to five years initially. Under Family Code section 6345, it can be renewed – including permanently – without re-litigating the underlying conduct. The renewal standard is reasonable apprehension of future abuse, not re-proof of past abuse.
Yes. DVROs are entered into the California Law Enforcement Telecommunications System (CLETS) and appear on background checks. Employer background check visibility varies depending on the type of check, but professional licensing boards typically see them.
Yes. A DVRO is not itself a criminal conviction, but it likely will show up in the background check that employers and federal immigration authorities conduct. This can possibly affect or delay visa renewals and complicate adjustment of status. Findings of abuse can be raised against the respondent in other related immigration proceedings. That said, a criminal domestic violence arrest and charge that often arises from the same incident that causes a DVRO to be filed, is typically the larger immigration concern.
Yes, for the initial Domestic Violence Temporary Restraining Order (DVTRO), which is issued ex parte based on the petitioner’s declaration. The respondent is then served and has the right to oppose the DVRO at a hearing typically held within 21 days. A DVRO cannot become permanent without notice and a hearing where the respondent can appear and request a contested trial.
This is a mutual DVRO situation. Under FC § 6305, the court must make detailed factual findings of abuse against each party before issuing mutual orders. It is not a tie or split, each side is litigated on its own merits, and the court must analyze the evidence as to each party separately.
A DVRO triggers the California Family Code sectinn 3044 rebuttable presumption against awarding custody to the restrained party. The presumption can only be overcome by showing specific best-interest factors and program completion. This is frequently the most consequential effect of a DVRO for parties and it is often why a party files a DVRO.
California Family Code section 6320 defines abuse broadly to include “disturbing the peace of the other party” which has been defined to mean “conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party.” Clearly the definition is much broader than physical violence. It includes “coercive control”, harassment, threats, technology abuse, and economic abuse.
Yes. The petitioner can request dismissal at any time, and courts generally grant such requests. This is different from a criminal case, where the prosecutor controls the proceeding and proceeds often in spite of the wishes of the alleged victim in a domestic violence criminal case. Relatedly, however, if there is a parallel criminal case, the criminal court can still issue criminal protective orders independent of the DVRO.
It is strongly recommended that everyone hire an attorney for a DVRO case as losing a DVRO can have negative consequences on custody, employment, professional licensure, immigration, and one’s public reputation. The DVRO “hearing” functions as a trial; with witnesses, evidence, and cross-examination. Self-represented parties frequently lose on procedural and evidentiary grounds that an attorney would be able to address.
Yes to all three. Either party can move to modify or terminate a DVRO based on changed circumstances. The petitioner can move to renew before expiration under FC § 6345, and the renewal can be permanent based on the reasonable apprehension standard.
Yes. Many California licensing boards require disclosure of DVRO findings and impose varying forms of discipline. Discipline would be more likely in the event that the incident that led to the DVRO was also accompanied by a criminal domestic violence case. Sometimes a board
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Multiple pathways exist. These include lack of independent corroboration, recanting witnesses, PC 1385 dismissal in the interest of justice, evidentiary motions to suppress, inadmissibility of evidence beyond hearsay, and insufficient proof of the qualifying relationship. Aggressive criminal defense work pursues all available dismissal options.
PC 273.5 (corporal injury on a spouse or cohabitant) is the more serious charge. It requires a visible injury to a qualifying intimate partner, is a wobbler (can be charged as a felony or misdemeanor), and is a deportable offense. PC 243(e)(1) (misdemeanor domestic battery) requires only offensive touching, is misdemeanor only, and carries less severe immigration exposure.
It depends on the specific charge, injury level, and disposition. A first-offense PC 243(e)(1) misdemeanor rarely results in initial custody. PC 273.5 felony with significant injury carries real custody exposure. Many cases resolve without custody time through a prosecutor decision not to file, dismissal following court filing, plea bargain for reduced charge, deferred entry of judgment, or probation.
Yes, often significantly. PC 273.5 is a deportable offense, qualifying as both a crime of violence and a crime against a domestic relation under federal immigration law. Even reduced charges may carry immigration consequences. Non-citizens facing domestic violence charges need defense strategy built around avoiding any immigration consequences from day one.
This depends entirely on whether the alleged victim with who you have a child with – your former or current spouse or boyfriend or girlfriend – has also filed a domestic violence restraining order (DVRO) against you. If they have, the family court will often initially deny you any visitation pending the first family court hearing after which the court may give you limited time with your child. However, if the alleged victim with whom you share a child with has not filed a DVRO against you – and is “on your side” in not wanting the criminal case to go forward – you will likely be able to have unrestricted contact with your minor child during the pendency of the domestic violence criminal case.
Recantation – which basically involves the alleged victim changing or giving a new statement – is very common in domestic violence cases. However, the fact that the alleged victim recants, does not mean that the prosecutor will easily dismiss the case. The prosecutor generally assumes – whether rightly or not – that the initial statement made by the alleged victim in a domestic violence criminal case is more reliable than any subsequent recanted statement. Moreover, the prosecution can still introduce the initial statement made by the alleged victim if that alleged victim testifies at trial. That said, recanted statements are often true and the existence of a recanting alleged victim who has gone “sideways” substantially weakens a prosecutor’s ability to prove that case beyond a reasonable doubt.
Yes, in many cases. Reductions to charges like disturbing the peace (Penal Code Section 415) or simple battery (Penal Code Section 242) avoid the domestic violence label and many of its consequences including immigration exposure, firearm restrictions, and employment consequences. This is an important strategic option in plea negotiations.
A conviction stays on one’s criminal record indefinitely. Per California Penal Code Section 1203.4, post-conviction dismissal (or “expungement”) is available after probation completion for most misdemeanor and some felony domestic violence convictions or – where no probation was imposed – after one year. However, a post-conviction dismissal does not undo immigration consequences, firearm restrictions, or many other disclosure requirements.
California Penal Code Section1203.097 imposes a mandatory 52-week batterers’ intervention program as a condition of probation on any domestic violence conviction. Sessions are weekly, two-hour group sessions with court-certified providers. Costs typically run $30-60 per session. Failure to complete the program is a probation violation.
Yes. The prosecutor controls the case regardless of the alleged victim’s wishes. The case can be filed, prosecuted, and taken to trial without the partner’s cooperation. Many defendants fail to retain counsel based on this misunderstanding and end up facing lost time and possible criminal conviction.
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After arrest there is booking which involves the taking of one’s fingerprints and mugshot, then potential release on citation or bail, followed by arraignment. If the arrestee is released on a citation or bail (and does not remain in custody) the timing of the first hearing (arraignment) will depend on the county. Some counties routinely set out of custody arraignments within 1-2 weeks while in other counties, the arraignment won’t take place for 2 months or longer after the arrest. The District Attorney reviews the case following arrest to determine if the case will be filed in court which can take from anywhere from days to weeks. The pre-filing window is the highest-leverage moment in many criminal cases.
Yes. Pre-filing representation can affect the District Attorney’s filing decision. Presenting mitigation and exculpatory evidence, addressing witness issues, and identifying other evidentiary problems to the prosecutor is very important at this stage of the case. Not every case can be prevented from being filed, but many can. Many defense lawyers do not actively pursue pre-filing representation; Vijay Law does.
Multiple dismissal pathways exist. These include motions to suppress under California Penal Code Section 1538.5, lack of probable cause, evidentiary insufficiency, prosecutorial misconduct, witness unavailability, PC 1385 dismissal in the interest of justice, and completion of diversion programs. Most criminal cases are not won at trial; they are won through investigation, motions, negotiation, and thorough preparation for trial (so that the case will be dismissed before trial).
It depends entirely on the charge and the facts. Many first-offense misdemeanors resolve without any custody (jail). Felonies and serious misdemeanors carry real custody exposure. Diversion programs are available for many first-offense cases that allow dismissal without conviction or custody.
Yes. Reductions – wobbler felony to misdemeanor, misdemeanor to infraction – and outright dismissals happen routinely with proper criminal defense work. Charges are dropped when the evidence is insufficient or when the case has procedural or evidentiary problems that a competent criminal attorney can surface.
First, in California adult criminal convictions are not really “expunged” in sense that the entirety of the conviction record is completely destroyed. However, per California Penal Code section 1203.4 misdemeanors and some felonies are eligible to be dismissed after conviction after the completion of probation or where no probation was imposed, after one year from the date of the conviction has elapsed. Many attorneys who refer to an “expungement” are referring to the relief created by California Penal Code section 1203.4. There are real benefits of obtaining this post-conviction dismissal including benefits for employment, licensure, and to a lesser degree immigration.
Often yes for non-citizens. The impact depends on the specific charge. Crimes involving moral turpitude, aggravated felonies, drug offenses, and domestic violence offenses are particularly serious. Charge selection at the filing and plea stage is critical, and immigration consequences should be mapped before any decision about whether to take a plea bargain or proceed to trial is made. Many immigration attorneys are not familiar with how certain criminal charges will impact their client’s immigration status while many criminal attorneys are not familiar with the immigration consequences of criminal convictions. At Vijay Law, we have successfully helped thousands of non-citizen clients accused of criminal offenses avoid any immigration
Convictions remain on the criminal record indefinitely unless dismissed, reverse on appeal or otherwise vacated. Arrest records, on the other hand, can be sealed under California Penal Code 851.8 (upon proof of “factual innocence” with a full sealing) or California 851.91 (upon dismissal or no filing and expiry of statute of limitations with partial sealing. Background check visibility depends on the type of check: state, federal, and private background checks each have different access rules.
Misdemeanors generally carry a maximum of one year in county jail; felonies carry more than a year (state prison or county prison under realignment). Felonies have additional consequences beyond incarceration, including effects on voting rights, gun rights, professional licensing, and immigration status. Some offenses are “wobblers” in that they are chargeable as either misdemeanor or felony depending on the facts. If a wobbler is charged as a felony, it can be reduced to a misdemeanor per California Penal Code Section 17(b) by motion of a criminal defense attorney.
Yes if at all possible. Arraignment is the first hearing where an initial plea is entered, bail is set (if one remains in custody), and protective orders are imposed. Decisions made at arraignment affect the rest of the case. A public defender will be appointed if private counsel cannot be afforded, but private counsel often makes the difference in how the case starts.
It depends on the specific charge, your immigration status, and any court orders. Some cases impose travel restrictions or passport surrender; others do not. Non-citizens face additional risks: leaving the United States may trigger inadmissibility on return. As a general rule with some rare exceptions, Vijay Law recommends that all non-citizens stay in the United States until the criminal case is fully concluded Always consult your attorney before international travel during a pending case whether you are a citizen or non-citizen.
California Penal Code section 1001.95 allows judicial “diversion” for many misdemeanor cases. Diversion generally means a criminally accused defendant has his or her case dismissed after completing specified terms – including programs, restitution, community service – with no admission and no conviction. Domestic violence, DUI, and certain sex offenses are statutorily excluded. Diversion is a powerful tool when available but the prosecutor often argues against diversion so a contested hearing must be held before it can be obtained for eligible defendants.
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CPS social workers can request entry, ask questions, and interview children. You are not required to let them in without a warrant or court order. Statements made during the investigation can be used in both criminal and dependency proceedings. Hiring an attorney counsel before speaking with CPS is critical.
No, not without a warrant, court order, or exigent circumstances such as immediate danger to a child. You can decline entry while being cooperative in other ways. Refusing entry alone is not evidence of abuse, though CPS can return with a warrant if grounds exist for one. Sometimes it may make strategic sense to allow the CPS interview to occur without delay. However, before making any decision to communicate with anyone at CPS, you should speak with an attorney who has experience dealing with CPS.
Yes in many cases. Pre-filing intervention during the police and CPS investigation phase often prevents the case from ever becoming a criminal filing. A substantial percentage of child abuse investigations close without a criminal case filing by the District Attorney when properly handled from the start.
CACI is a statewide database of substantiated child abuse findings maintained by the California Department of Justice. A CACI listing is administrative and separate from a criminal conviction. Listing triggers a ban on working with children in many professions and can occur even without any criminal charge if CPS substantiates the finding. Before being placed on CACI there is an opportunity for a contested hearing. At this stage you should hire an attorney who has experience handling CACI hearings.
When your name is going to be listed on the CACI, you will be sent a written notice. You then have a limited time period to appeal that decision at a “grievance hearing”. If you have received notice that you will be listed on the CACI list, you should hire an attorney to challenge this.
California Penal Code section 273a is child endangerment or abuse; putting a child in danger or causing unjustifiable physical or mental suffering. It can be charged as a felony or misdemeanor depending on the facts. California Penal Code section 273d is corporal injury on a child; actually inflicting cruel or inhuman corporal punishment that causes a traumatic condition. PC 273d is the more serious charge; both are deportable for non-citizens.
Depending on the severity of the allegation, yes that is possible. Emergency removal of the child pending investigation is common when CPS substantiates a credible report of serious child abuse. Dependency court holds a detention hearing within a couple court days. Reunification is possible with services, case plan compliance, and time. False allegations can be challenged through the dependency process.
Unfortunately this often happens in high-conflict custody disputes. We have substantial experience defending against false or exaggerated allegations in both criminal and family court forums. The dynamics involving mandatory reporters and CPS investigation can complicate the defense strategy considerably.
Yes. Child abuse offenses are deportable as crimes against a child under federal immigration law. The crimes involving moral turpitude analysis also applies. The immigration consequences are severe and the case strategy must be designed with these consequences in mind.
Not categorically. California law allows reasonable corporal punishment that is directed at a disciplinary purpose, and which is not excessive under the circumstances. The line between lawful discipline and abuse is fact-specific and often difficult to define. Therefore, one is best advised to avoid all corporal punishment to avoid criminal accusation. Additionally, accusations of (non-criminal) child abuse are routinely made in family court in high-conflict custody disputes where it is very difficult in practice to convince a family court judge that the physical contact was permitted (legal) corporal punishment as opposed to improper (illegal) abuse.
Mandatory reporters are required by law to report suspected abuse. In practice, this means if anyone tells a mandatory reporter of suspected child abuse, the mandatory reporter will inform law enforcement. However, the report itself is not the same as a substantiated finding. Do not contact the mandatory reporter, as it can be construed as intimidation and anything you say can be used against you in a future criminal prosecution. Hire an experienced attorney immediately and proactively prepare your defense.
Yes. CPS investigations can result in CACI listing, dependency petitions, loss of custody in family court and criminal referrals – all without separate criminal charges being filed first. The investigation itself is often where the case is decided. Legal representation during the investigation phase is the highest leverage point in a child abuse case.
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A civil harassment restraining order is a court order under Code of Civil Procedure section 527.6 that restricts contact and conduct between people who do not have a qualifying domestic relationship. It is used between neighbors, coworkers, former friends, online harassers, and
family members who fall outside the domestic violence statute. The orders can last up to five years and are renewable.
A DVRO – or domestic violence restraining order – requires a domestic or intimate relationship as defined in California Family Code section 6211. Civil harassment restraining orders cover everyone else. The DVRO standard is broader, including “disturbing the peace” under California Family Code section 6320. The civil harassment standard requires a knowing and willful course of conduct that seriously alarms, annoys, or harasses. The statutes are different but the consequences are similar.
The petitioner files required forms with the superior court. A temporary order can be requested ex parte if there are grounds. Service of the temporary order on the respondent is required, and a hearing is held within 21-25 days. At the hearing, the petitioner has the burden of clear and convincing evidence to obtain a permanent order. In practice, ensure the best outcome, you should hire an attorney for this task.
Multiple defense angles exist. These include showing that the conduct was not a knowing and willful course of conduct, that it was not directed at the petitioner, that the conduct served a legitimate purpose, that the petitioner’s evidence is hearsay and unreliable, or that the respondent’s conduct was lawful. The hearing is a trial and should be prepared for as one.
Under California Code of Civil Procedure section 527.6, harassment is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses with no legitimate purpose, causing substantial emotional distress to a reasonable person. The definition is broader than people realize. Constitutionally protected speech is excluded by statute.
Yes. A restraining order appears in background checks. Some employers terminate or refuse to hire based on it. Professional licensing boards may investigate when a license holder is restrained especially when the conduct causing a restraining order also resulted in a criminal case. Workplace-related civil harassment can also trigger employer-required disclosure obligations.
Yes. Civil restraining orders are public records and appear in most background checks. Some employer screening services specifically flag restraining orders as a separate category. The visibility depends on the type of background check being run.
A workplace violence restraining order, governed by California Code of Civil Procedure section 527.8, is filed by an employer to protect an employee from threats or violence. The employer is the petitioner, not the affected employee. The procedural mechanics are different from civil harassment. A restrained party often loses workplace access entirely.
Civil harassment is a civil restraining order under California Code of Civil Procedure section 527.6. Criminal stalking is a felony or misdemeanor offense under California Penal Code Section 646.9. They have different standards: preponderance for civil, beyond a reasonable doubt for criminal and different consequences and forums. The same conduct can trigger both proceedings.
A civil harassment restraining order can be issued for up to five years initially. It is renewable. The court can also issue orders for shorter periods. Temporary orders pending the full hearing typically last 21-25 days.
Yes. Either party can move to modify or terminate based on changed circumstances. The petitioner can voluntarily dismiss. The respondent can move based on the passage of time or other factors that bear on the original basis for the order.
It is strongly recommended that you have an attorney for a civil harassment restraining order if you want to win. The hearing functions as a trial, with witnesses, evidence, and cross-examination. The consequences are serious, including public records, employment, and potential immigration effects especially where the underlying conduct also resulted in a criminal case filing. Self-represented parties commonly lose on procedural and evidentiary grounds that an attorney would have been able to handle.
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Yes. The grounds of deportability under INA § 237 include crimes involving moral turpitude, aggravated felonies, drug offenses, domestic violence, firearms offenses, and others. Even minor convictions can trigger removal proceedings. Misdemeanor convictions are not automatically safe from immigration consequences.
A CIMT is an immigration law category covering offenses involving fraud, intent to harm, or moral baseness. The determination is made by federal immigration case law, not by the state statute label. Common examples include theft, fraud, assault with intent to injure, domestic violence, sex offenses and other serious crimes. Some DUIs – particularly with serious injury or death – can qualify as CIMTs.
The aggravated felony category is defined in federal immigration law and includes drug trafficking, violence-related offenses with sentences of one year or more, firearm trafficking, fraud over $10,000, and others. An aggravated felony triggers mandatory deportation, mandatory detention, ineligibility for most forms of relief, and other severe consequences. It is the most serious immigration consequence category.
A single misdemeanor DUI is typically not a CIMT, aggravated felony, or crime of violence. Multiple DUIs, DUI with injury under VC 23153, or DUI combined with other factors may have immigration consequences. Recent DUI also affects naturalization good moral character analysis. Additionally, obtaining a DUI can be a basis for being investigated for suffering from alcoholism or alcohol use disorder which may raise a health-related inadmissibility problems for a non-citizen. Drug-DUI can carry even more serious immigration exposure than alcohol DUI.
Significantly. Federal immigration law per INA § 237(a)(2)(E) makes domestic violence crimes deportable. California Penal Code section 273.5 is a deportable crime of violence. Even reduced charges may carry permanent and irreversible immigration consequences. Charge selection at the plea stage is the critical decision point for non-citizen domestic violence defendants who cannot obtain a dismissal.
Possibly. Drug offenses are categorically deportable under INA § 237(a)(2)(B). Drug trafficking is an aggravated felony with the most severe consequences. You are best advised to hire competent criminal counsel experienced in representing non-citizens accused of drug related crimes.
Yes, in some cases. California Penal Code section 1473.7 is the primary vehicle for vacating convictions when the original plea did not properly advise of immigration consequences. Other post-conviction remedies are also available. Statute of limitations and procedural requirements apply, but old convictions can often be vacated.
PC 1473.7 is a California statute allowing non-citizens to vacate convictions where they did not meaningfully understand the immigration consequences of their plea. It codifies and expands the constitutional rule from Padilla v. Kentucky. The motion requires showing prejudicial error in
the advice received about immigration consequences. It is a relatively recent statute and is significantly underused in defense practice when non-citizens were convicted but were not properly advised of immigration consequences.
Generally no. A California Penal Code section 1203.4 dismissal (sometimes called an “expungement”) does not eliminate a conviction for federal immigration law purposes. Only certain forms of rehabilitation – such as a PC 1473.7 vacatur or vacating the conviction on substantive legal grounds – actually help with immigration consequences.
Yes. Lawful permanent residents (green card holders) are deportable for the same categories of criminal offenses as other non-citizens. A green card is not protection against deportation for criminal grounds. Only United States citizenship provides complete protection from deportation.
Everything. Your current status (visa, green card, asylum, DACA, undocumented), your prior immigration history, any pending applications, your family connections, and your length of time in the United States all matter. Withheld status information leads to bad outcomes. Communication with your attorney is privileged and protected.
Yes for most non-citizen criminal cases. The criminal defense lawyer handles the criminal case; the immigration lawyer handles immigration proceedings, applications, and removal defense. The best results come when the two coordinate strategy from the start. Vijay Law is a criminal defense firm and works in close coordination with immigration counsel.
Practice Area
Standard divorces resolve through negotiation, often with limited contested issues. High-conflict cases involve sustained litigation: contested custody, hidden assets, abuse allegations, complex valuations, and refusal of standard resolution mechanisms. The practice skills required are fundamentally different. Many family lawyers handle only mediated or uncontested divorce cases which do not involve contested court hearings.
Community property is property acquired during marriage by either spouse, with limited exceptions for inheritance, gifts, and premarital property. California is a community property state, and community property is divided equally on divorce. Tracing is required when separate and community property have been commingled.
The standard is the best interest of the child under Family Law section 3011. The court considers the child’s health, safety, and welfare; any history of abuse; habitual substance abuse; and the nature of contact with each parent. Joint legal custody and joint physical custody are the default starting points absent specific concerns.
Family Code Section 3044 establishes a rebuttable presumption that awarding custody to a parent with a finding of domestic violence within the prior five years is detrimental to the child’s best interest. The presumption can only be overcome by clear evidence under specified factors. It is the single most significant custody provision in California family law for cases involving domestic violence. The existence of this statute is one of the reasons so many domestic violence restraining order orders (DVROs) are filed.
Discovery tools include subpoenas to financial institutions, depositions, interrogatories, and document requests. Forensic accountants are retained for complex cases. Lifestyle analysis is used when income claims do not match spending patterns. Tracing through business records can reveal undisclosed accounts. Disclosure motions and sanctions are available for non-disclosure.
Temporary spousal support typically uses a guideline formula. For instance, as of 2026 Santa Clara County uses the XSpouse calculator. Permanent (long-term) support is based on the California Family Code Section 4320 factors, including marriage length, standard of living, present and future earning capacity, and contributions to the marriage. The analyses for temporary and permanent support are different.
Yes, in many cases. California Family Code section 2030 and section 2032 provide need-based attorney fees when one spouse has a greater ability to pay. Family Code section 271 sanctions are available against parties who unnecessarily increase litigation costs through misconduct. In general, these provisions exist to level the playing field between spouses.
False or exaggerated abuse allegations are common in high-conflict custody disputes. Allegations require investigation but can be challenged with documentary evidence, witness testimony, expert evaluation, and effective cross-examination. False allegations can themselves become a custody factor against the accusing parent. We have substantial experience defending these.
Business valuation in divorce is done by a qualified forensic expert using one or more standard methods: the asset approach, the income approach, and the market approach. Discounts for lack of marketability and minority interest may apply. The distinction between personal goodwill and enterprise goodwill is critical and often heavily contested.
Yes. Custody modification requires showing changed circumstances. Support modification requires a material change in circumstances; income, needs, or both. Modifications are common and family court orders are not set in stone after judgment.
Significantly. A DVRO triggers the Family Code Section 3044 custody presumption. Findings of abuse from the DVRO proceeding affect evidentiary determinations in the dissolution case. The DVRO may also affect spousal support and attorney fees. DVRO and divorce cases need to be coordinated when both are active. Vijay Law handles both when they overlap.
For uncomplicated, cooperative dissolutions, self-help resources may be sufficient. For high-conflict cases – contested custody, significant assets, abuse allegations, or any DVRO component – legal representation is strongly recommended. The stakes are too high for self-representation in contested family law matters.
Practice Area
Yes, with significant complications. California can exercise jurisdiction if residency requirements are met. The strategic issue is which judgment is recognized in which jurisdiction. Parallel proceedings affect property division, support, and custody, and the cases need to be coordinated. Strategy is needed in both forums simultaneously.
No. India is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. When a child is taken to India, the Hague return mechanism is unavailable. It is for this reason that California courts often impose strict travel restrictions on taking a minor child to India when either parent has ties to India.
No, China is a not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. Thus the normal Hague return mechanism is not available if a child is wrongfully removed in mainland China. There is an exception to this in that Hong Kong and Macau are covered by the Hague Convention. In a California family law case, if there is a risk that a parent may take a child to mainland China, courts often take that risk seriously because there is no legal treaty mechanism to lawfully return the child to the California in the event of a wrongful removal.
A “498A case” refers to the long known section 498A of the Indian Penal Code, which criminalizes cruelty by a husband or his relatives toward a married woman, including physical or mental cruelty and harassment connected to unlawful demands for money, property, or dowry. Effective July 1, 2024, the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita (BNS), which carries this offense forward under Section 85. It remains a broad statute frequently invoked in dowry-related disputes and is often filed by a wife or her family against the husband and his relatives. The statute carries serious consequences, including arrest, bail proceedings, and travel restrictions. While many cases involve genuine allegations of unlawful dowry demands, others involve false or exaggerated claims, and these allegations sometimes arise in disputes involving California-based spouses.
At Vijay Law we often see parallel proceedings: allegations of dowry abuse and cruelty in India alongside domestic violence restraining order (DVRO) allegations in California family court. We represent Indian nationals in California on both sides of these disputes – those who are the victims of dowry abuse and those facing false allegations of dowry abuse. These cross-border cases present unique challenges that often require experienced counsel coordinating with local counsel in both countries to reach an optimal outcome for the U.S. based client.
“Dowry case” is a general term covering several overlapping provisions of Indian law. The principal one is the cruelty offense formerly codified at Indian Penal Code Section 498A, now carried forward in Section 85 of the Bharatiya Nyaya Sanhita (BNS) as of July 2024. Related provisions address dowry death – formerly Section 304B, now carried forward under the BNS – along with the Dowry Prohibition Act, which independently penalizes the giving, taking, or demanding of dowry. Both civil and criminal remedies may be available. These cases are often filed strategically by Indian families against US-based husbands and the legal exposure is very serious. It can include arrest, bail proceedings, and lookout circulars that affect the ability to travel into or out of India. The legal exposure is real and includes arrest warrants and lookout circulars.
This is a serious situation and possibly an irretrievably hopeless situation. India is non-Hague treaty country, so there is no automatic return remedy. Options include California court orders
but those will likely have no effect on any Indian court, criminal complaints under California law including California Penal Section 278 (but with no real hope for extradition), and diplomatic engagement. The situation is time-sensitive and outcomes depend heavily on speed of response. In reality, you are best advised to consult with an experienced attorney before your child is taken to India so proactive legal measures can be taken to prevent that from happening.
This is a serious situation and possibly an irretrievably hopeless situation. China is non-Hague treaty country, so there is no automatic return remedy. There is an exception with regard to Hong Kong and Macau who are signatories to the Hague Convention. If your child is taken to mainland China, however, options include California court orders but those will likely have no effect on any Chinese court, criminal complaints under California law including California Penal Section 278 (but with no real hope for extradition), and diplomatic engagement. The situation is time-sensitive and outcomes depend heavily on speed of response. In reality, you are best advised to consult with an experienced attorney before your child is taken to China so proactive legal measures can be taken to prevent that from happening
Possibly, if certain requirements are met: the foreign court had jurisdiction, California did not already assume jurisdiction, due process was afforded, and recognition would not violate California public policy.
Yes, if an Indian arrest warrant has been issued – typically through Indian Penal Code § 498A or a dowry case. Indian police can arrest at the airport upon arrival. Lookout circulars at airports identify subjects of warrants. Anticipatory bail proceedings can mitigate this risk but require Indian counsel and must be obtained before travel. Before traveling back to India when such cases are pending or prospective, you are best advice to consult both a U.S. based and Indian based attorney.
US restraining orders are not automatically enforceable in India, but they can be introduced as evidence in Indian proceedings. They may affect the Indian court’s view of the facts, custody decisions, and bail decisions. Strategic use of US orders in Indian forums requires coordination with Indian counsel.
Travel is risky. An Indian arrest warrant or lookout circular means likely arrest at the airport on arrival. Anticipatory bail – granted before arrest – is the protective mechanism. It must be obtained through Indian counsel before travel. Travel without resolved status carries real detention risk.
Yes. Chinese courts can impose exit bans on parties to civil or criminal proceedings, and border control officers enforce them. Exit bans affect business travelers, and US residents visiting China. Bans can be imposed unilaterally and are difficult to challenge from outside China.
A lookout circular is a notice issued by the Indian government instructing immigration authorities to alert, question, detain, or restrict the travel of a named individual at airports and border checkpoints. They are sometimes issued in connection with criminal cases including cruelty and dowry related allegations. Many people first learn that a lookout circular has been issued against them only when they attempt to enter or leave India, sometimes while being detained at the airport. Having a lookout circular removed generally requires legal proceedings in India. For U.S.-based clients, this makes pre-travel legal checks especially important: confirming whether a complaint or circular exists before booking travel to India can prevent detention on arrival. Vijay Law works with local counsel in India to address these situations on behalf of U.S.-based clients.
Possibly. Whether an Indian court can be recognized or enforced in California depends on the nature of the order and the specific facts of the case. Monetary judgements may be recognized under California’s Uniform Foreign-Country Money Judgements Recognition Act. Divorce judgments and other family law orders may be recognized under principles of comity. Each type of order is subject to important procedural requirements and exceptions.
For cross-border cases, generally yes. California counsel handles US proceedings while foreign counsel handles foreign proceedings. The two coordinate strategy across jurisdictions. Vijay Law works with experienced family and criminal defense counsel in India, China, and other foreign jurisdictions to provide that coordination.
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