Domestic Violence Charges in Union County, NJ? Protect Your Rights with Brett M. Rosen, Esq.
Domestic Violence Attorney Union County, NJ
Have you been accused of domestic violence in Union County, New Jersey? Domestic violence allegations are incredibly serious, with the potential to irrevocably alter your life. These charges carry severe consequences, including jail time, restraining orders, loss of child custody, and a permanent criminal record. Whether you are facing accusations of assault, harassment, or any other form of domestic violence, you need a skilled and experienced attorney who understands the intricacies of New Jersey law and can provide a vigorous defense.
Brett M. Rosen, Esq. is a leading criminal defense lawyer in Union County, New Jersey with a proven track record of success in defending clients against domestic violence charges. He’s also certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction is held by approximately less than 1% of attorneys in New Jersey. We understand the sensitive nature of these cases, the complex legal landscape, and the emotional toll they take on all parties involved. We are committed to providing you with compassionate guidance, unwavering support, and aggressive representation to protect your rights and achieve the best possible outcome.
Understanding Domestic Violence in Union County, New Jersey
New Jersey has a zero-tolerance policy towards domestic violence. The state’s Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) defines domestic violence broadly as a pattern of controlling and abusive behavior that can occur in any relationship, including:
- Spouses or former spouses
- Dating partners or former dating partners
- Household members
- Parents and children
- Siblings
- Other individuals who have a child in common or who have lived together
Domestic violence is not limited to physical abuse. It can take many forms, including:
- Physical Assault: Hitting, punching, kicking, shoving, strangling, or any other form of physical violence.
- Sexual Assault: Forcing or coercing someone into sexual activity without their consent.
- Harassment: Repeatedly communicating in a way that annoys, alarms, or threatens the victim.
- Stalking: Repeatedly following, watching, or harassing someone.
- Threats: Making verbal or written threats of violence or harm.
- Emotional Abuse: Isolation, humiliation, verbal attacks, or other forms of psychological manipulation.
- Economic Abuse: Controlling a partner’s access to money or resources.
- Property Damage: Intentionally damaging the victim’s property.
What Happens When You’re Charged with Domestic Violence in Union County?
If you are accused of domestic violence, the police will likely be called to the scene. You may be arrested and charged with a crime. The victim may also seek a Temporary Restraining Order (TRO) to protect themself from further harm. A TRO can order you to stay away from the victim, their home, their workplace, and their children. It can also prohibit you from possessing firearms.
After an arrest, you will have a court hearing where a judge will determine whether to issue a Final Restraining Order (FRO). An FRO is a permanent order that can have significant consequences on your life, including restrictions on your freedom, contact with your children, and employment opportunities.
Penalties for Domestic Violence in New Jersey
The penalties for domestic violence in New Jersey depend on the specific charge and the circumstances of the case. However, potential consequences include:
- Jail Time: You could face jail time, ranging from a few days to several years, depending on the severity of the offense and your prior criminal history.
- Fines: You may be fined hundreds or thousands of dollars.
- Probation: You may be placed on probation, which can include requirements like anger management classes, counseling, and community service.
- Restraining Orders: A restraining order can significantly impact your life, restricting your movements, contact with loved ones, and access to your home.
- Loss of Child Custody or Visitation Rights: A domestic violence conviction can jeopardize your custody or visitation rights with your children.
- Criminal Record: A conviction will result in a permanent criminal record, which can affect your employment, housing, and other opportunities.
How Brett M. Rosen, Esq. Can Defend You Against Domestic Violence Charges
Facing domestic violence charges can be a confusing and frightening experience. Brett M. Rosen, Esq. will provide you with the experienced, dedicated, and compassionate representation you need. Our attorneys are skilled in handling all types of domestic violence cases and will work tirelessly to protect your rights and defend your future. We will:
- Thoroughly Investigate the Allegations: We will conduct a comprehensive investigation into the accusations against you, examining all evidence, including police reports, medical records, witness statements, and any other relevant information. We will interview witnesses, gather evidence, and analyze the details of the incident to build a strong defense strategy.
- Challenge the Prosecution’s Case: We will rigorously scrutinize the evidence against you, cross-examine witnesses, and challenge the prosecution’s narrative. We will look for any inconsistencies, biases, or procedural errors that could weaken their case.
- Negotiate with Prosecutors: We will work to negotiate with the prosecution to seek a dismissal of the charges, reduced charges, or alternative sentencing options.
- Provide Skilled Courtroom Representation: If your case goes to trial, we will provide you with aggressive and effective representation in court. We will fight for your rights, challenge the prosecution’s evidence, and present a compelling case in your defense.
- Help You Obtain a Restraining Order (if you are the victim): If you are the victim of domestic violence, we can help you obtain a restraining order to protect yourself from further harm.
Defenses Against Domestic Violence Charges in Union County
Several defenses may be available to you depending on the specific circumstances of your case. These include:
- Self-Defense or Defense of Others: If you used force to protect yourself or another person from imminent harm, and the force used was reasonable under the circumstances, this could be a valid defense.
- False Accusations: We will investigate the possibility that the accusations were made out of malice, revenge, or in the context of a custody dispute. We will thoroughly examine the accuser’s credibility and motives.
- Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of the offense beyond a reasonable doubt, we can argue for dismissal of the charges.
- Lack of Intent: In some cases, the prosecution must prove that you acted intentionally or knowingly. We may argue that you did not have the required intent or that your actions were accidental.
- Constitutional Violations: If your rights were violated during the arrest or investigation, such as illegal search and seizure or failure to read your Miranda rights, the evidence may be inadmissible.
Frequently Asked Questions About Domestic Violence Charges in Union County, NJ
- What should I do if I am accused of domestic violence in Union County, NJ? The most important thing is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not speak to the police or anyone else about the incident without legal counsel present.
- What are the penalties for domestic violence in New Jersey? The penalties depend on the severity of the offense and can range from fines and probation to jail time. A restraining order may also be issued against you.
- Can a domestic violence charge be expunged from my record? In general, some domestic violence convictions are not eligible for expungement in New Jersey.
- What is a restraining order, and how does it affect me? A restraining order is a court order that prohibits you from contacting or being near the alleged victim. It can also restrict your access to your home, workplace, and children.
- Can I get my gun rights back after a domestic violence conviction? In most cases, a domestic violence conviction results in a permanent loss of your right to own or possess firearms.
- What if I am the victim of domestic violence? If you are a victim of domestic violence, you have the right to seek a restraining order and other legal protections. An attorney can help you through the process.
- Can a restraining order be dismissed or modified? Yes, under certain circumstances, a restraining order can be dismissed or modified. This usually requires a court hearing, where you can present evidence to demonstrate that the order is no longer necessary or that the conditions should be changed.
- What if the alleged victim wants to drop the charges or doesn’t want a restraining order? In New Jersey, domestic violence is considered a crime against the state, not just the individual victim. Even if the victim wishes to drop the charges or does not want a restraining order, the prosecutor can still pursue the case if they believe there is enough evidence to support the charges.
- Will a domestic violence charge show up on a background check? Yes, a domestic violence conviction will appear on your criminal record and will likely be revealed on a background check. This can have significant consequences for your employment, housing, and other opportunities.
- What are the consequences of violating a restraining order? Violating a restraining order is a criminal offense in New Jersey and can result in additional charges, fines, and potential jail time.
- Can I get my gun rights back after a domestic violence conviction? In most cases, a domestic violence conviction results in a permanent loss of your right to own or possess firearms under both state and federal law.
- What are some common defenses against domestic violence charges? Some common defenses include:
- Self-defense or defense of others: If you used force to protect yourself or another person from harm, and the force used was reasonable under the circumstances, this could be a valid defense.
- False accusations: If the allegations are untrue or motivated by malice, revenge, or a desire to gain an advantage in a custody dispute, this can be a strong defense.
- Insufficient evidence: If the prosecution cannot prove the elements of the offense beyond a reasonable doubt, the charges may be dismissed.
- Lack of intent: In some cases, the prosecution must prove that you acted intentionally or knowingly. If your actions were accidental or unintentional, this may be a defense.
13. What are the immigration consequences of a domestic violence conviction? If you are not a U.S. citizen, a domestic violence conviction can lead to deportation or denial of naturalization. Even if you are a lawful permanent resident, you can still face immigration consequences.
Don’t Face Domestic Violence Charges in Union County, New Jersey Alone – Contact Brett M. Rosen, Esq. Today
Facing domestic violence charges in Union County is a daunting prospect. It’s crucial to seek legal counsel immediately. Brett M. Rosen, Esq. has extensive experience defending clients against these serious charges. We are committed to providing you with the compassionate support, experienced guidance, and aggressive advocacy you need during this difficult time.
We will fight tirelessly to protect your rights, reputation, and future.
Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for a free and confidential consultation.