Domestic Violence Charge Attorney Westfield, NJ

Domestic Violence Charge Attorney Westfield, NJ

Domestic violence is a serious issue with devastating consequences for victims and families. In New Jersey, domestic violence is not a specific crime itself, but rather encompasses a pattern of abusive behaviors that can lead to various criminal charges. If you are facing domestic violence charges in Westfield, NJ, it is crucial to understand the legal implications and seek experienced legal representation to protect your rights and future. Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, is a dedicated advocate with a proven track record of success in defending clients against domestic violence charges.

Why Choose Brett M. Rosen, Esq. for Your Domestic Violence Case in Westfield?

Brett M. Rosen is not just a lawyer; he’s a compassionate advocate who understands the sensitive nature of domestic violence cases. He brings to the table a unique combination of legal expertise, strategic thinking, and unwavering dedication to his clients. Here’s why he stands out as a top choice for domestic violence defense in Westfield:

• Extensive Experience in Domestic Violence Cases: Brett M. Rosen has a deep understanding of New Jersey domestic violence laws and a proven track record of successfully defending clients against a wide range of charges, including assault, harassment, terroristic threats, and restraining order violations. He knows the strategies that work and will use his experience to build the strongest possible defense for you.

• Certified Criminal Trial Attorney: He holds the prestigious certification by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in the state. This certification underscores his mastery of courtroom tactics, evidence presentation, and persuasive advocacy, essential qualities for effectively representing clients facing domestic violence charges.

• Compassionate and Understanding Advocate: Brett M. Rosen recognizes the emotional toll that domestic violence charges can take on individuals and families. He approaches each case with compassion and understanding, providing support and guidance throughout the legal process.

• Strong Negotiator: He is a skilled negotiator with a proven track record of securing favorable outcomes for his clients through plea bargains, dismissals, or alternative resolutions. He will work tirelessly to achieve the best possible result for your case.

• Aggressive Courtroom Representation: If your case goes to trial, Brett M. Rosen is a fearless advocate who will fight aggressively to protect your rights and present a compelling defense.

Contact him today at 908-312-0368 or brett@nynjcriminalcivilesq.com.

Understanding Domestic Violence in New Jersey

New Jersey’s Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) defines domestic violence as a pattern of abusive and controlling behaviors used by one person to gain or maintain power over another person in an intimate relationship. This can include:

• Physical Abuse: Hitting, slapping, punching, kicking, choking, or any other use of physical force.
• Sexual Abuse: Forcing or coercing sexual contact, marital rape, or any other non-consensual sexual activity.
• Emotional Abuse: Verbal abuse, humiliation, intimidation, isolation, or controlling behavior.
• Harassment: Offensive communication, stalking, or cyber-harassment.
• Economic Abuse: Controlling finances, preventing access to resources, or sabotaging employment opportunities.

Criminal Charges Related to Domestic Violence:

While domestic violence itself is not a crime, it can lead to various criminal charges, including:

• Simple Assault: Purposely, knowingly, or recklessly causing bodily injury to another person.
• Aggravated Assault: Causing serious bodily injury or using a weapon.
• Terroristic Threats: Threatening to commit a crime of violence with the purpose to terrorize another person.
• Criminal Restraint: Confining or restraining another person unlawfully.
• False Imprisonment: Unlawfully detaining another person.
• Sexual Assault: Sexual contact without consent.
• Criminal Mischief: Damaging or destroying another person’s property.
• Harassment: Offensive communication or repeated acts with the purpose to harass, annoy, or alarm another person.
• Stalking: Repeatedly following, harassing, or threatening another person.

Defenses to Domestic Violence Charges

Brett M. Rosen, Esq. will meticulously analyze your case and explore all possible defenses, including:

• Self-Defense: If you used force to protect yourself from imminent harm, you might be able to argue self-defense. The force used must have been proportionate to the threat you faced.
• Defense of Others: Similarly, you can use force to protect another person if you reasonably believed they were in imminent danger.
• Lack of Intent: If the alleged act was accidental or unintentional, you might be able to argue that you did not have the required intent for the offense.
• False Accusations: If the allegations are false or motivated by malice, your attorney can challenge the accuser’s credibility and present evidence to support your innocence.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the charges beyond a reasonable doubt, your attorney can argue for dismissal or acquittal.
• Constitutional Violations: If your constitutional rights were violated during the investigation or arrest, the evidence obtained may be suppressed.

FAQs about Domestic Violence Charges in Westfield, NJ

• What is a restraining order?

  • A restraining order is a court order that protects a victim of domestic violence by prohibiting the abuser from having contact with them. This can include in-person contact, phone calls, emails, and even contact through third parties.

• How can I get a restraining order?

  • You can file a complaint with the Family Court and request a temporary restraining order (TRO). A hearing will be held to determine if a final restraining order (FRO) should be issued.

• What happens if I violate a restraining order?

  • Violating a restraining order is a criminal offense that can result in arrest and penalties, including jail time.

• Can I be charged with domestic violence even if there was no physical violence?

  • Yes, domestic violence can include emotional abuse, harassment, stalking, and other non-physical forms of abuse.

• Where are domestic violence cases handled in Westfield?

  • Typically, in Westfield Municipal Court for less serious offenses, or Union County Superior Court for more serious charges.

Additional FAQs

• What are the consequences of a domestic violence conviction?

  • The consequences can be severe, including jail time, fines, restraining orders, loss of custody of children, and a criminal record that can affect employment and housing opportunities.

• What should I do if I am arrested for domestic violence?

  • It is crucial to contact an experienced domestic violence defense attorney immediately. Do not speak to the police without an attorney present.

• Can I get my domestic violence charges expunged?

  • Expungement of domestic violence charges is generally more difficult than other offenses, but it may be possible in certain circumstances.

• What are some resources for victims of domestic violence in Westfield?

  • There are several organizations that provide support and resources to victims of domestic violence, including the Union County Prosecutor’s Office Victim Witness Advocacy Unit and the YWCA Union County. You can also contact the Westfield Police Department for assistance.

• What are some common defenses against domestic violence charges?

  • Defenses depend on the specific charges, but can include:
    
    • Self-defense
    • Defense of others
    • Lack of intent
    • False accusations
    • Insufficient evidence
    • Constitutional violations (illegal search, etc.)

Why Choose Brett M. Rosen, Esq. for Your Domestic Violence Case?

Facing domestic violence charges is a stressful and complex experience. Brett M. Rosen, Esq. is a dedicated and experienced domestic violence defense attorney who will stand by your side, providing compassionate support and aggressive representation. He will:

• Conduct a thorough investigation of the charges and the evidence against you.
• Develop a strong defense strategy tailored to your specific circumstances.
• Challenge the prosecution’s case at every stage of the proceedings.
• Protect your rights and ensure you understand the legal process.
• Negotiate with the prosecutor to seek a favorable resolution.
• Provide skilled and effective representation in court.

If you or someone you know is facing domestic violence charges in Westfield, NJ, contact Brett M. Rosen, Esq. today for a free consultation. He is available 24/7 to discuss your case and provide expert legal guidance.

908-312-0368 & brett@nynjcriminalcivilesq.com

Disclaimer: This information is for informational purposes only and should not be considered legal advice. It is essential to consult with an attorney to discuss your specific legal situation.