Elizabeth, NJ Domestic Violence Lawyer

Facing domestic violence accusations in New Jersey can be overwhelming. The repercussions of a conviction are severe, impacting your freedom, reputation, and even custody rights. If you’ve been charged with domestic violence, such as simple assault, harassment, aggravated assault, or sexual assault, understanding the law and your options is crucial. Here, our experienced New Jersey criminal defense attorneys provide a comprehensive overview of the state’s Domestic Violence Act and how we can help protect your rights. A defendant facing a domestic violence charge in New Jersey would want to retain Brett M. Rosen due to his extensive experience and proven track record in criminal defense, particularly in cases involving domestic violence. As a seasoned trial attorney, Mr. Rosen is known for his assertive courtroom presence and his ability to craft compelling narratives that resonate with juries. His meticulous approach to cross-examination and dedication to his clients’ rights have led to numerous favorable outcomes, including dismissals and acquittals. With recognition as one of the top criminal defense attorneys and a history of representing high-profile clients, Mr. Rosen’s legal expertise makes him a formidable advocate for anyone seeking a robust defense in the face of serious charges. Give our office a call today to discuss you or your loved one’s domestic violence charge(s). 

Understanding New Jersey’s Domestic Violence Laws

New Jersey takes domestic violence very seriously. The Prevention of Domestic Violence Act (PDVA) establishes legal frameworks to protect victims and defines qualifying relationships for protection. However, these laws can be complex, and even seemingly minor incidents can lead to serious charges.

Key Points for the Accused:

• Broad Definition of Domestic Violence: The PDVA encompasses physical violence, threats, harassment, stalking, sexual assault, financial abuse, and even property damage.
• Mandatory Arrest: Law enforcement in New Jersey is required to make an arrest if probable cause exists, prioritizing the victim’s safety.
• Restraining Orders: Temporary and Final Restraining Orders can restrict your contact with the alleged victim and limit access to your home or children.
• Penalties: Domestic violence charges range from disorderly conduct (fourth-degree) to aggravated assault (first-degree), carrying significant jail time, fines, and lasting consequences.

Understanding Domestic Violence Penalties in New Jersey

New Jersey takes domestic violence very seriously. The severity of the penalties you face depends on the specific charge and whether it’s classified as a disorderly persons offense (misdemeanor) or an indictable offense (felony). Here’s a breakdown:

• Disorderly Persons Offenses (Misdemeanor): Examples include simple assault and harassment. Penalties can include probation, anger management classes, and up to 6 months in jail.

• Indictable Offenses (Felony): These involve more serious acts of violence, such as aggravated assault, sexual assault, or using a weapon. Felony domestic violence charges carry significant penalties, depending on the degree of the offense:

  • Fourth-degree: Up to 18 months in prison
  • Third-degree: 3 to 5 years in prison
  • Second-degree: 5 to 10 years in prison
  • First-degree: Up to 20 years in prison

Beyond Jail Time: Additional Consequences

Domestic violence charges can have lasting repercussions beyond potential jail time. Here are some additional consequences to consider:

• Restraining Orders: The court may impose a restraining order, limiting contact with the alleged victim and potentially affecting your living situation.
• Loss of Custody Rights: Domestic violence charges can negatively impact child custody arrangements.
• Employment Issues: A criminal record can affect your job prospects or professional licenses.
• Immigration Issues: Domestic violence charges can complicate immigration processes.

Give our office a call today for a consultation regarding your New Jersey Domestic Violence Charge. 

New Jersey Restraining Orders: Understanding Protection After Domestic Violence

Domestic violence can leave you feeling unsafe and violated. In New Jersey, the law offers protection through restraining orders, which can help establish boundaries and deter further abuse. This page by our experienced New Jersey domestic violence attorneys provides a comprehensive overview of restraining orders in the context of domestic violence.

What is a Restraining Order in New Jersey Domestic Violence Cases?

A restraining order is a court order that prohibits the abuser from having any contact with the victim. In New Jersey, these orders are issued under the Prevention of Domestic Violence Act (PDVA). There are two main types of restraining orders:

• Temporary Restraining Order (TRO): Issued quickly, often without the abuser present, based on the victim’s testimony. TROs offer immediate protection while a court date is scheduled for a final restraining order.
• Final Restraining Order (FRO): Granted after a hearing where both parties can present evidence. FROs offer longer-term protection, typically lasting years.

What Protections Can a Restraining Order Provide?

A restraining order can order the abuser to:

• Stay away from your home, workplace, and other designated locations. This creates a physical safety zone.
• Cease all contact with you. This includes phone calls, texts, emails, social media messages, and even showing up at your workplace.
• Relinquish firearms and other weapons. This reduces the risk of further violence.
• Pay child support and/or reimburse medical expenses. The court can address financial burdens caused by the domestic violence.

How to Obtain a Restraining Order in New Jersey

You can apply for a restraining order at the Family Part of the Superior Court in the county where you live, where the abuser lives, or where the domestic violence occurred. Here’s a general process:

1. File a Complaint: Obtain the necessary forms from the courthouse and complete them detailing the domestic violence incident(s).
2. Temporary Restraining Order Hearing: A judge may grant a temporary restraining order based on your testimony.
3. Serve the Abuser: The abuser will be served with a copy of the TRO and informed of the final restraining order hearing date.
4. Final Restraining Order Hearing: Both parties can present evidence at this hearing. The judge will then decide whether to issue a final restraining order and for what duration.

Call our office today if you or a loved one is facing a restraining order here in New Jersey. 

New Jersey Domestic Violence Charges: Exposing Common Defenses 

Being accused of domestic violence in New Jersey is a serious matter. However, there are potential defenses available, depending on the specifics of your case. Here, our skilled New Jersey criminal defense attorneys explore some common defenses that can help protect your rights:

Defenses Highlighting Innocence:

• Self-Defense: Did you act to protect yourself or another person from imminent harm? New Jersey law allows reasonable force in self-defense situations. We will meticulously analyze the events to demonstrate your actions were justified.
• Misidentification: Were you mistakenly identified as the aggressor? With mistaken identity a real possibility, we’ll investigate witness accounts and potential alibis to clear your name.
• Accidental Injury: Can you establish the alleged injuries were accidental? We can examine the scene, witness statements, and even medical records to disprove any intentional act.

Defenses Challenging the Prosecution’s Case:

• False Allegations: Are the accusations fabricated or made out of spite? Domestic violence cases can involve emotional turmoil, and sometimes false accusations arise. We will explore the accuser’s motives and uncover any inconsistencies in their story.
• Procedural Errors: Did law enforcement violate your rights during the arrest or evidence collection? Our team will scrutinize police procedures and fight to have any improperly obtained evidence excluded from court.
• Insufficient Evidence: Does the prosecution have enough concrete evidence to prove your guilt beyond a reasonable doubt? We will meticulously analyze the evidence, exposing any weaknesses or gaps in their case.

De-escalation Tactics and Relationship Repair:

• De-escalation Efforts: Did you attempt to de-escalate the situation to avoid conflict? Evidence of your efforts to calm things down can demonstrate a lack of aggressive intent.
• Willingness for Counseling: Are you open to couples counseling or anger management programs? Demonstrating a willingness to address underlying issues can portray a proactive approach and a desire for a positive resolution.

If you or a loved one is facing a domestic violence charge in New Jersey, call our office today for a consultation. 

New Jersey Domestic Violence FAQs: Get the Answers You Need

Domestic violence is a serious issue, and navigating the legal system in New Jersey can be confusing. Here, our knowledgeable New Jersey domestic violence attorneys answer frequently asked questions to empower you with information:

1. What is considered domestic violence in New Jersey?

New Jersey’s Prevention of Domestic Violence Act (PDVA) defines domestic violence broadly. It includes physical assault, threats, harassment, stalking, sexual assault, financial abuse, and even damage to property. The key factor is the relationship between the abuser and the victim, which can include spouses, ex-partners, cohabiting individuals, or those with a child together.

2. I’m experiencing domestic violence. What should I do?

• Call 911 if you are in immediate danger.
• Contact a domestic violence hotline for support and resources. The New Jersey Domestic Violence Hotline is available 24/7 at 1-800-LEAVE-HOME (1-800-532-7346).
• Seek legal counsel from an experienced New Jersey domestic violence attorney to discuss your options, including restraining orders and safety planning.

3. What is a restraining order in New Jersey?

A restraining order is a court order that prohibits the abuser from having any contact with the victim. There are two main types:

• Temporary Restraining Order (TRO): Issued quickly to provide immediate protection.
• Final Restraining Order (FRO): Granted after a hearing and offers longer-term protection.

4. How do I get a restraining order in New Jersey?

You can file a complaint with the Family Part of the Superior Court. An attorney can guide you through the process, which involves filing paperwork, attending hearings, and potentially having the abuser served with the order.

5. What happens if the abuser violates the restraining order?

Violating a restraining order is a serious offense and can result in arrest and criminal charges.

6. Can I keep my address confidential in a domestic violence case?

Yes, New Jersey courts offer address confidentiality programs for victims of domestic violence.

7. I’m afraid to leave my abuser. Are there shelters available?

Yes, New Jersey has numerous domestic violence shelters that provide safe haven, support services, and resources for victims.

8. What if I have children? How will domestic violence affect custody?

The court will prioritize the child’s safety when determining custody arrangements. Domestic violence can be a factor in custody decisions. Consulting with an attorney specializing in family law is recommended.

Why Choose Our New Jersey Criminal Defense Firm?

Our team has a proven track record of success in defending clients facing domestic violence charges. We understand the complexities of these cases and the importance of protecting your future.

Here’s what sets us apart:

• Experienced and Aggressive Representation: We have extensive experience navigating the New Jersey legal system and will advocate fiercely on your behalf.
• Focus on Evidence and Details: We meticulously examine all evidence and build a strong defense strategy tailored to your specific situation.
• Client Communication: We understand the emotional toll of these accusations. We prioritize clear communication and keep you informed throughout the process.
• Protecting Your Rights: We fight to ensure your rights are upheld and explore all available options to achieve the best possible outcome for your case.

Facing domestic violence charges can be frightening, but you don’t have to go through this alone. Contact our New Jersey criminal defense firm today for a free consultation. We will fight to protect your freedom and your future.

Top-Notch New Jersey Domestic Violence Attorney