Domestic Violence Attorney Winfield, NJ

Domestic Violence Attorney Winfield, NJ

Domestic violence charges are among the most emotionally charged and complex legal matters you can face. In Winfield, New Jersey, and throughout the state, these charges carry severe penalties and can have a profound impact on your life, your family, and your future. Whether you’ve been accused of simple assault, harassment, or disorderly conduct in a domestic context, securing experienced legal representation is essential to navigate the legal system, protect your rights, and fight for the best possible outcome.

When Emotions Run High, Protect Your Rights and Future with Experienced Legal Representation

Understanding Domestic Violence Charges in New Jersey

Domestic violence encompasses a range of abusive behaviors that occur within a family or household setting. In New Jersey, the Prevention of Domestic Violence Act (PDVA) defines domestic violence as any one or more of the following acts committed against a person protected under the Act:

• Homicide
• Assault
• Terroristic threats
• Kidnapping
• Criminal restraint
• False imprisonment
• Sexual assault
• Criminal sexual contact
• Lewdness
• Criminal mischief
• Burglary
• Criminal trespass
• Harassment
• Stalking
• Cyber-harassment  

Domestic Violence Charges: Simple Assault, Harassment & Disorderly Conduct

While domestic violence encompasses numerous offenses, three common charges frequently associated with domestic violence cases in Winfield, NJ, are:

1. Simple Assault (N.J.S.A. 2C:12-1): This involves attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another person or negligently causing bodily injury with a deadly weapon. Simple assault is typically a disorderly persons offense, but can be elevated to a fourth-degree crime if it occurs in a domestic context.

2. Harassment (N.J.S.A. 2C:33-4): This involves a course of conduct or communication with the purpose to harass another person. This can include making repeated unwanted phone calls, sending offensive messages, stalking, or engaging in other alarming conduct. Harassment is also a petty disorderly persons offense, but it can be elevated to a fourth-degree crime in domestic violence cases.

3. Disorderly Conduct (N.J.S.A. 2C:33-2): This involves engaging in fighting, threatening behavior, creating a hazardous condition, or using offensively coarse language with the intent to offend. Disorderly conduct is typically a petty disorderly persons offense. However, it can be elevated to a fourth-degree crime in certain domestic violence cases.

Potential Penalties & Consequences of Domestic Violence Charges

The penalties for domestic violence charges in New Jersey can be severe, even for first-time offenders. They can include:

• Jail Time: Depending on the severity of the charge, you could face jail time ranging from a few days to several years.
• Fines: You may be required to pay hefty fines, which can add a financial burden to an already stressful situation.
• Restraining Order: The court may issue a restraining order, prohibiting you from contacting or approaching the alleged victim. Violating a restraining order carries its own set of penalties and can lead to additional charges.
• Loss of Custody or Visitation Rights: A domestic violence conviction can significantly impact your child custody or visitation rights.
• Loss of Firearm Rights: You may lose your right to own or possess firearms.
• Mandatory Counseling or Anger Management: The court may order you to attend counseling or anger management classes.
• Immigration Consequences: If you’re not a U.S. citizen, a domestic violence conviction can lead to deportation or other adverse immigration consequences.
• Employment & Housing Difficulties: A criminal record can make it challenging to find employment or secure housing.

Domestic Violence Lawyer Winfield, New Jersey

Why Choose Brett M. Rosen, Esq. as Your Domestic Violence Attorney in Winfield, NJ

Domestic violence cases are emotionally charged and legally complex. It’s essential to have a skilled and compassionate attorney by your side who understands the intricacies of the law and will fight tirelessly to protect your rights and achieve the best possible outcome.

Brett M. Rosen, Esq., and his team offer:

• Extensive Experience in Domestic Violence Defense: We have a proven track record of success in defending clients against domestic violence charges in Winfield and throughout Union County.
• In-Depth Knowledge of New Jersey’s Domestic Violence Laws: We stay abreast of the latest developments in domestic violence law and are intimately familiar with the court procedures, judges, and prosecutors in Winfield.
• Compassionate & Client-Focused Approach: We understand the sensitive nature of domestic violence cases and provide personalized attention and compassionate support to our clients throughout the legal process.
• Aggressive Advocacy: We are dedicated to fighting for your rights and challenging the prosecution’s case at every turn. We will utilize every available legal tool to protect your freedom and future.

Potential Defenses in Domestic Violence Cases

The specific defense strategies employed will depend on the unique facts and circumstances of your case. Some common defenses that may be applicable include:

• False Accusations: If you believe you have been falsely accused of domestic violence, we will work tirelessly to investigate the allegations and gather evidence to prove your innocence.
• Self-Defense: If you were acting in self-defense or defending another person from harm, this can be a valid defense against domestic violence charges. We will meticulously investigate the incident to demonstrate that your actions were justified and necessary.
• Lack of Intent: For charges like simple assault or harassment, intent is a crucial element. If we can demonstrate that you lacked the intent to harm or harass the alleged victim, the charges may be reduced or dismissed.
• Insufficient Evidence: If the prosecution’s evidence is weak, circumstantial, or lacks credibility, we will challenge its sufficiency and argue that it does not prove your guilt beyond a reasonable doubt.
• Mutual Combat: In some cases, both parties may have been involved in a mutual altercation. We can argue that the incident was a mutual combat situation, potentially leading to a lesser charge or dismissal.
• Violation of Constitutional Rights: If the police violated your constitutional rights during the arrest or investigation, such as conducting an illegal search or seizure or failing to advise you of your Miranda rights, we can seek to have the evidence suppressed or the charges dismissed.

Frequently Asked Questions About Domestic Violence Charges in Winfield, NJ

1. What should I do if I’m accused of domestic violence in Winfield, NJ?

• The most important thing is to remain calm and contact an attorney immediately. Do not speak to the police or anyone else about the incident without legal counsel present.

2. Can I be arrested for domestic violence even if the alleged victim doesn’t want to press charges?

• Yes, in New Jersey, the police have a mandatory arrest policy in domestic violence cases. Even if the alleged victim doesn’t want to press charges, the police can still arrest you if they have probable cause to believe that an act of domestic violence has occurred.

3. What is a temporary restraining order (TRO)?

• A TRO is a court order that provides immediate protection to the alleged victim of domestic violence. It can prohibit you from contacting or approaching the victim, and it may also grant the victim temporary custody of any children or possession of the shared residence.

4. What is a final restraining order (FRO)?

• An FRO is a permanent restraining order that can be issued after a hearing in family court. It can impose the same restrictions as a TRO and may also include additional provisions, such as child support, alimony, or property division.

5. Can I get a restraining order dismissed?

• It is possible to challenge a restraining order and seek its dismissal. However, it’s a complex legal process that requires the assistance of an experienced attorney.

Additional FAQs

6. Will a domestic violence conviction affect my child custody or visitation rights?

• A domestic violence conviction can severely impact your child custody or visitation rights. The court’s primary concern is the safety and well-being of the child, and a history of domestic violence may raise serious concerns about your ability to provide a safe and stable environment.

7. Can I get a domestic violence charge expunged from my record?

• In some cases, it may be possible to expunge a domestic violence conviction from your record after a certain period. However, eligibility requirements and the expungement process can be complex. An attorney can assess your situation and guide you through the process if you are eligible.

8. What are the potential immigration consequences of a domestic violence conviction?

• A domestic violence conviction can have severe immigration consequences for non-U.S. citizens, including deportation or denial of naturalization. If you’re facing domestic violence charges and are not a U.S. citizen, it’s critical to consult with an attorney who understands immigration law.

9. What if I was falsely accused of domestic violence?

• False accusations of domestic violence are unfortunately not uncommon. If you believe you have been falsely accused, it’s essential to gather any evidence that supports your innocence and contact an attorney immediately.

10. What should I expect during my first meeting with a domestic violence attorney?

• During your initial consultation, the attorney will gather information about your case, explain your rights and options, and discuss potential defense strategies. They will also answer any questions you may have and provide guidance on the legal process.