Facing Domestic Violence Charges in Linden, NJ? Protect Your Rights and Your Future with Brett M. Rosen, Esq.
Domestic Violence Charges Attorney Linden, NJ
Domestic violence is a serious issue with devastating consequences for victims and families. In New Jersey, domestic violence is not a specific crime in itself, but rather encompasses a pattern of abusive and controlling behaviors that can lead to various criminal charges. If you are facing domestic violence charges in Linden, NJ, it is crucial to understand the legal implications and seek experienced legal representation to protect your rights and future. Brett M. Rosen, Esq., is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, is a dedicated advocate and defends clients against domestic violence charges.
Why Choose Brett M. Rosen, Esq. for Your Domestic Violence Case in Linden, NJ?
Brett M. Rosen is not just a lawyer; he’s a compassionate advocate who understands the sensitive nature of domestic violence cases and the complexities of the legal system in Linden, NJ. 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 Linden:
Extensive Experience in Domestic Violence Cases: Brett M. Rosen has a deep understanding of New Jersey domestic violence laws, including assault, harassment, terroristic threats, and other 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 is certified by the Supreme Court of New Jersey Criminal Trial Attorney, a distinction held by approximately less than 1% of attorneys in New Jersey. This certification is a process wherein the attorney needs to submit an application, and if approved, then will sit for an examination on different topics in criminal law.
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 for his clients through plea bargains, dismissals, or alternative resolutions. He will work tirelessly to hopefully achieve the best possible result for your case.
Aggressive Courtroom Representation: If your case goes to trial, Brett M. Rosen is an advocate who will fight aggressively to protect your rights and present a compelling defense.
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 Linden, 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. It can also restrict custody, visitation, and financial interactions.
How can I get a restraining order in Linden?
- You can file a complaint with the Family Court in Linden 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 in New Jersey?
- 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, and other non-physical forms of abuse.
What are the consequences of a domestic violence conviction in Linden?
- 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.
FAQs Continued
What should I do if I am arrested for domestic violence in Linden?
- 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 in New Jersey?
- 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 Linden, NJ?
- 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 Linden Police Department for assistance.
What are the specific penalties for domestic violence charges in Linden, NJ?
- Penalties vary widely based on the specific charges and the defendant’s criminal history. They can include jail time, fines, restraining orders, and other consequences.
Where will my domestic violence case be heard in Linden?
- Domestic violence cases in Linden are typically handled in the Linden Municipal Court or the Union County Superior Court, depending on the severity of the charges.
Can a domestic violence conviction affect my immigration status?
- Yes, a domestic violence conviction can have serious immigration consequences, including deportation, even for lawful permanent residents and those with green cards.
Can a domestic violence conviction affect my ability to own a firearm?
- Yes, a domestic violence conviction will prohibit you from owning or possessing firearms under federal and New Jersey law.
Why Choose Brett M. Rosen, Esq. for Your Domestic Violence Case in Linden?
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 Linden, 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
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