Domestic Violence Charges in Union County, NJ: Understanding the Law and Protecting Your Rights - A Comprehensive Guide by Brett M. Rosen, Esq.
Domestic Violence Charges Attorney in Union County, NJ
Domestic violence is a serious issue with devastating consequences for individuals and families. In New Jersey, domestic violence is not a specific crime itself, but rather a pattern of abusive behaviors that can lead to various criminal charges. If you are facing domestic violence charges in Union County, NJ, it’s 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 and compassionate advocate with a proven track record of success in defending clients against domestic violence charges.
What Constitutes 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 perpetrated by one person against another in a family or household relationship. These behaviors can include:
- Physical Abuse: Striking, hitting, kicking, shoving, or any other act of physical violence.
- Sexual Abuse: Any form of non-consensual sexual contact or activity.
- Emotional Abuse: Verbal abuse, threats, intimidation, humiliation, isolation, or other actions that cause emotional harm.
- Harassment: Repeated and unwanted contact, communication, or actions that annoy, alarm, or threaten the victim.
- Stalking: Repeatedly following, harassing, or threatening the victim, causing them to fear for their safety.
- Criminal Restraint: Confining or restraining the victim against their will.
- False Imprisonment: Unlawfully detaining the victim.
Who is Protected Under the Domestic Violence Act?
The law protects individuals in a variety of relationships, including:
- Spouses
- Former spouses
- Dating partners
- Former dating partners
- Persons who have a child in common
- Household members
Criminal Charges Related to Domestic Violence
Domestic violence can lead to various criminal charges in New Jersey, including:
- Simple Assault: Purposely, knowingly, or recklessly causing bodily injury to another person.
- Aggravated Assault: Causing serious bodily injury or using a weapon during an assault.
- Terroristic Threats: Threatening to commit a crime of violence with the purpose to terrorize another person.
- Criminal Mischief: Damaging or destroying property.
- Harassment: Engaging in alarming conduct or repeatedly communicating in offensively coarse language with the purpose to harass another person.
- Stalking: Repeatedly following, harassing, or threatening the victim, causing them to fear for their safety.
The Role of Restraining Orders
In domestic violence cases, the court may issue a restraining order (RO) to protect the victim. An RO can prohibit the defendant from:
- Having any contact with the victim
- Coming near the victim’s home, work, or school
- Possessing firearms
- Other conditions as deemed necessary by the court
Violating a restraining order is a separate criminal offense with serious consequences.
Violations of Restraining Orders in New Jersey
Violating a domestic violence restraining order in New Jersey triggers a cascade of consequences that extend far beyond immediate legal penalties. Let’s delve deeper into the potential repercussions:
Legal Ramifications:
- Criminal Charges: A violation can lead to charges ranging from disorderly persons offenses to indictable crimes, depending on the nature of the violation. This means you could face prosecution in both municipal and superior court, potentially leading to significant jail time.
- Mandatory Arrest: New Jersey law mandates the arrest of anyone accused of violating a restraining order, regardless of the validity of the accusation. This means you could be taken into custody even if the alleged violation is based on false or misleading information.
- Probation and Parole: In addition to jail time, a conviction may result in supervised probation or parole, with strict conditions that limit your freedom and require ongoing monitoring.
Impact on Family and Personal Life:
- Child Custody and Parenting Time: A restraining order violation can severely jeopardize your custody and visitation rights. Family court judges prioritize the safety and well-being of children, and a violation demonstrates a disregard for court orders and potentially puts the child at risk.
- Strained Family Relationships: Violating a restraining order can damage relationships with family members and friends who may be concerned for the safety of the protected party or disappointed in your actions.
- Psychological and Emotional Distress: Facing legal proceedings, potential jail time, and the loss of contact with loved ones can cause significant emotional distress and impact your mental health.
In New Jersey, the consequences for violating a restraining order become increasingly severe with each subsequent offense. Here’s what you can expect if you violate a restraining order for the second or subsequent time:
Mandatory Jail Time:
- Second Offense: A second violation mandates a minimum jail sentence of 30 days. This is not a guideline or suggestion—it’s a non-negotiable minimum sentence that a judge must impose.
- Subsequent Offenses: For third and subsequent violations, the mandatory minimum jail time increases, and the potential maximum sentence also rises. You could be facing months or even years in jail, depending on the circumstances of the violations and your prior record.
Aggravating Factors:
- Nature of the Violation: The severity of the violation will influence the penalties. For example, a violation involving physical harm or threats will result in harsher consequences than a violation involving a simple phone call or text message.
- Presence of Children: If children were present or involved in the violation, the court will view this as an aggravating factor and may impose stricter penalties to protect the children’s well-being.
- Prior Criminal Record: A history of domestic violence or other criminal offenses will work against you, leading to more severe consequences.
It’s crucial to understand that violating a restraining order, especially repeatedly, is a serious offense with lasting consequences. If you’re subject to a restraining order, prioritize compliance and seek legal counsel if you have any questions or concerns.
Defenses to Domestic Violence Charges
Brett M. Rosen, Esq. will meticulously investigate your case and explore all possible defenses to domestic violence charges, including:
- False Accusations: Challenging the credibility of the accuser and demonstrating that the allegations are false or exaggerated.
- Self-Defense: If you acted in self-defense to protect yourself from harm, it may be a valid defense.
- Lack of Intent: If you did not intend to cause harm or fear, it may be a defense to certain charges.
- Accidental Injury: If the injury was accidental and not the result of intentional or reckless conduct, it may be a defense.
- Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the charges beyond a reasonable doubt, it may be a defense.
- Constitutional Violations: If your constitutional rights were violated during the investigation or arrest, it may be a defense.
FAQs about Domestic Violence Charges in Union County, NJ
What happens if I am arrested for domestic violence in Union County?
- You will be taken to the Union County Jail and may be held until your first court appearance. It’s crucial to contact an attorney immediately.
What is the difference between a temporary restraining order (TRO) and a final restraining order (FRO)?
- A TRO is issued on an emergency basis and provides immediate protection for the victim. An FRO is issued after a hearing where both parties have a chance to present evidence.
Can I get a restraining order dismissed?
- It is possible to get an RO dismissed, but it requires a strong legal strategy and evidence to challenge the allegations.
What are the penalties for violating a restraining order?
- Violating an RO is a criminal offense that can result in fines, jail time, and other penalties.
Can I be charged with domestic violence even if there was no physical violence?
- Yes, domestic violence can include emotional abuse, harassment, and stalking, even without physical harm.
What are the long-term consequences of a domestic violence conviction?
- A domestic violence conviction can have serious consequences, including difficulty finding housing or employment, restrictions on firearm ownership, and immigration consequences.
Why Choose Brett M. Rosen, Esq. for Your Domestic Violence Case?
Brett M. Rosen is a highly regarded criminal defense attorney in New Jersey, particularly known for his expertise in domestic violence cases. Here’s why someone facing domestic violence charges might choose him:
Specialized Knowledge and Experience:
- Certified Criminal Trial Attorney: Rosen 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 signifies his exceptional skill and experience in criminal trial practice, specifically in New Jersey.
- Extensive Domestic Violence Case Experience: He has a proven track record of successfully defending clients against domestic violence charges, including those involving assault, harassment, and other related offenses.
- Deep Understanding of NJ Laws: He possesses in-depth knowledge of New Jersey’s domestic violence laws, including the Prevention of Domestic Violence Act, which allows him to navigate the complexities of these cases effectively.
Strong Advocacy and Client Focus:
- Passionate Defender: Rosen is known for his passionate defense of his clients’ rights and his commitment to securing the best possible outcomes for them. He understands the sensitive nature of domestic violence cases and approaches each case with compassion and empathy.
- Personalized Attention: He provides personalized attention to each client, taking the time to understand their unique circumstances and tailor his defense strategy accordingly. He believes in open communication and keeps his clients informed throughout the legal process.
- Aggressive Representation: He is a skilled negotiator and litigator, known for his aggressive representation in court. He will fight tirelessly to protect your rights and achieve the best possible result, whether through negotiation, plea bargaining, or trial.
Proven Track Record of Success:
- Favorable Outcomes: Rosen has a history of achieving favorable outcomes for his clients, including dismissals, acquittals, reduced charges, and minimized sentences.
- High-Profile Cases: He has successfully handled numerous high-profile domestic violence cases, demonstrating his ability to handle complex and challenging legal situations.
- Client Testimonials: Many of his clients have praised his professionalism, dedication, and effectiveness in their cases, highlighting his ability to achieve positive results even in difficult circumstances.
If you are facing domestic violence charges in Union County, 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.