What Should I Do if I’m Facing Domestic Violence Charges in Union County, NJ

What Should I Do if I’m Facing Domestic Violence Charges in Union County, NJ

Accused of Domestic Violence? Immediate Action is Crucial

Being accused of domestic violence is a frightening and overwhelming experience. The consequences can be severe, affecting your relationships, freedom, and future. If you’re facing these charges in Union County, New Jersey, understanding your rights and taking immediate action to protect yourself is paramount. When facing domestic violence charges in Union County, NJ, securing the right legal representation is crucial. Brett M. Rosen stands out as a top choice for several compelling reasons:

The Seriousness of Domestic Violence Charges in Union County, New Jersey

New Jersey takes domestic violence very seriously, and law enforcement and the courts have a zero-tolerance policy towards any form of abuse within a family or household setting. Even a first-time offense can lead to significant penalties and lasting repercussions. Common domestic violence charges in Union County, New Jersey include:

• Aggravated Assault
• Simple Assault
• Harassment
• Criminal Mischief
• Burglary 
• Trespassing 

Potential Consequences of a Domestic Violence Conviction

• Jail Time: You could face incarceration, ranging from days to years, depending on the severity of the charges and any prior convictions.
• Fines: You may be required to pay hefty fines, adding a financial burden to an already stressful situation.
• Restraining Order: A restraining order may be issued, prohibiting you from contacting or approaching the alleged victim. Violating a restraining order can lead to additional criminal charges and penalties.
• Loss of Child Custody or Visitation Rights: A domestic violence conviction can significantly impact your ability to obtain or maintain custody or visitation rights with your children. The court’s primary concern is the safety and well-being of the child, and a history of domestic violence can raise serious concerns about your ability to provide a safe and stable environment.
• 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: For non-U.S. citizens, a domestic violence conviction can lead to deportation or other adverse immigration consequences.
• Employment & Housing Difficulties: A criminal record can create obstacles in finding employment or securing housing, as many employers and landlords conduct background checks.

What to Do if You Are Facing Domestic Violence Charges

1. Remain Silent: It’s crucial to exercise your right to remain silent and avoid making any statements to the police or anyone else about the incident without legal counsel present. Anything you say can be used against you in court.

2. Contact an Attorney Immediately: The most critical step is to seek immediate legal representation from an experienced domestic violence attorney. An attorney can protect your rights, guide you through the legal process, and begin building a strong defense strategy.

3. Gather Evidence: If possible, document any evidence that supports your defense, such as photographs of injuries, witness statements, or any communication that contradicts the allegations against you.

4. Comply with Any Court Orders: If a temporary restraining order (TRO) is issued, it’s crucial to adhere to its terms, even if you believe the allegations are false. Violating a TRO can lead to additional charges and penalties.

5. Attend All Court Hearings: It’s essential to attend all scheduled court hearings, including the final restraining order (FRO) hearing, where a judge will determine whether to issue a permanent restraining order against you.

6. Be Prepared for the Emotional Toll: Facing domestic violence charges can be emotionally draining. Seek support from friends, family, or a therapist to help you cope with the stress and anxiety.  

The Role of a Domestic Violence Attorney

A skilled domestic violence attorney can make a significant difference in the outcome of your case. They can:

• Protect Your Rights: Ensure that your constitutional rights are protected throughout the legal process, from the initial arrest to any potential trial.
• Investigate the Allegations: Conduct a thorough investigation into the allegations, gather evidence, and interview witnesses to challenge the prosecution’s case.
• Negotiate with the Prosecutor: Seek a reduction or dismissal of charges, or explore alternative resolutions such as pretrial intervention or anger management programs.
• Represent You in Court: Advocate for you in court, present evidence, cross-examine witnesses, and argue for the best possible outcome.
• Minimize the Consequences: Work to reduce or eliminate any penalties and help you rebuild your life after the case.

Potential Defenses in Domestic Violence Cases

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

• False Accusations: We will investigate the allegations and gather evidence to prove your innocence if you believe you’ve been falsely accused of domestic violence. This may involve examining the accuser’s motives, potential biases, and any inconsistencies in their statements.
• Self-Defense: If you were acting in self-defense or defending another person from harm, this can be a valid defense. 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 Union County, NJ

1. What is considered domestic violence in New Jersey?

• Domestic violence encompasses a wide range of abusive behaviors that occur within a family or household setting, including physical assault, sexual assault, harassment, stalking, and more.

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

• Yes, New Jersey has 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 providing immediate protection to an alleged victim. It can prohibit you from contacting or approaching the victim and might grant temporary custody or possession of the shared residence.

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

• An FRO is a permanent restraining order issued after a hearing. It can have the same restrictions as a TRO and might include provisions for child support, alimony, or property division.

5. Can I get a restraining order dismissed?

• Challenging and seeking dismissal of a restraining order is possible, but it’s a complex legal process requiring an experienced attorney.

Additional FAQs

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

• Yes, a conviction can significantly impact custody and visitation rights, as the court prioritizes the child’s safety.

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

• Expungement may be possible in some cases, but it’s complex. An attorney can advise you on your eligibility and the process.

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

• A conviction can lead to deportation or denial of naturalization for non-U.S. citizens. Consult an attorney familiar with immigration law if facing these charges.

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

• False accusations happen. If you believe this is the case, gather any evidence supporting your innocence and contact an attorney immediately.

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

• The attorney will gather information, explain your rights and options, discuss potential defense strategies, and answer your questions.

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

At Brett M. Rosen, Esq., we understand the complexities of domestic violence cases and the emotional toll they can take on individuals and families. We are dedicated to providing compassionate and aggressive legal representation to those facing these charges.

We offer:

• Extensive Experience in Domestic Violence Defense: We have a proven track record of successfully defending clients against domestic violence charges in Union County, NJ.
• In-Depth Knowledge of NJ’s Domestic Violence Laws: We stay abreast of the latest developments in domestic violence law and are intimately familiar with the court procedures specific to Union County.
• Compassionate & Client-Focused Approach: We provide personalized attention, compassionate support, and maintain strict confidentiality.
• Aggressive Advocacy: We are dedicated to fighting for your rights and challenging the prosecution’s case at every turn.

Facing Domestic Violence Charges in Union County, NJ? We Can Help

If you or someone you know is facing domestic violence charges, seeking legal representation is crucial. Contact Brett M. Rosen, Esq. today for a free and confidential consultation. We’re dedicated to providing compassionate and aggressive legal defense to protect your rights and future.

Call us now at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your free and confidential consultation. We are here to help you every step of the way.