About Domestic Violence Defense

New Jersey Domestic Violence Defense Lawyer

Domestic violence charges are a serious matter, particularly due to the number of cases in which the accuser uses the domestic violence charge as leverage in another proceeding such as a matrimonial action.  This is a problem in many cases, as the individual making the accusation may have exaggerated the situation, or may have been partially responsible.  Many cases of domestic violence charges come about through a domestic disturbance call to law enforcement during an argument between any two "cohabitants".  When the police arrive on the scene, they evaluate the situation, including whether harm has been inflicted on one or both of the individuals, and act accordingly. If one of the individuals claims to be a victim of domestic violence, law enforcement has little option other than to arrest the accused individual, especially if the accuser has obvious signs of injury. In any domestic violence case, it is crucial that you act quickly and contact a New Jersey domestic violence defense lawyer like Rafael Gomez who has successfully defended domestic violence/abuse accusations in Bergen, Hudson, Passaic and Essex Counties. Mr. Gomez has defended husbands accused of domestic violence as well as wives accused of domestic violence/abuse.

Domestic Violence Defense Attorney in Bergen/Hudson/Passaic/Essex County

Defending these charges can be a difficult situation, particularly when there are two conflicting stories about the incident.  It is critical to have strong legal representation from an attorney like Rafael Gomez. He has defended many individuals charged with this offense, whether true or fabricated, and will immediately initiate actions on behalf of the accused client.  Do not answer questions about the incident if you are read your rights and are now being interrogated by police or other investigator.  Request an attorney and call the firm without delay.  When the accused individual has the support of a skilled domestic violence defense attorney like Rafael Gomez, you can be advised how to proceed in an interrogation and ensure that your rights are protected.

Whether the case involves a spouse, ex-spouse, girlfriend, boyfriend, cohabitant, domestic partner, roommate or any other person you live with, when domestic violence is the charge, you are in danger of being convicted and put in jail or prison, depending upon the details of the case.  In felony domestic violence cases, a conviction usually includes incarceration in state prison as part of the punishment.  Rafael Gomez will aggressively defend his clients facing this charge, and is prepared to seek out viable strategies for the defense from the moment of the arrest.

Certain definitions regarding domestic violence may be found at N.J.S. 2C:25-19.

2C:25-19. Definitions 
As used in this act:

a. "Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:

(1) Homicide N.J.S.2C:11-1 et seq.



(2) Assault N.J.S.2C:12-1



(3) Terroristic threats N.J.S.2C:12-3



(4) Kidnapping N.J.S.2C:13-1



(5) Criminal restraint N.J.S.2C:13-2



(6) False imprisonment N.J.S.2C:13-3



(7) Sexual assault N.J.S.2C:14-2



(8) Criminal sexual contact N.J.S.2C:14-3



(9) Lewdness N.J.S.2C:14-4



(10) Criminal mischief N.J.S.2C:17-3



(11) Burglary N.J.S.2C:18-2



(12) Criminal trespass N.J.S.2C:18-3



(13) Harassment N.J.S.2C:33-4



(14) Stalking P.L.1992, c.209 (C.2C:12-10)



When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute "domestic violence," but may be the basis for the filing of a petition or complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30).

b. "Law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers.

c. "Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.

d. "Victim of domestic violence" means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. "Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

e. "Emancipated minor" means a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant or has been previously declared by a court or an administrative agency to be emancipated.