Restraining Order Defense in New Jersey
If you have been accused of an act of domestic violence and a temporary restraining order has been filed against you, then it is imperative that you hire an experience trial defense attorney who can help you through this process.
The Bianchi Law Group, LLC
The Bianchi Law Group is made up of former trial prosecutors and other “of counsel” attorneys who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey including the Defense of defendants in Final Restraining Order Hearings in New Jersey.
Former Domestic Violence Prosecutors
Founding Partner and Former Morris County Prosecutor Robert A. Bianchi has returned to private practice after running the operations of the entire Morris County Prosecutor’s Office having served as the Morris County Prosecutor for 5 and 1/2 years (2007-2013). Mr. Bianchi was appointed as the Morris County Prosecutor by the Governor of the State of New Jersey and unanimously confirmed by the New Jersey Senate in 2007. While serving as the Morris County Prosecutor, Mr. Bianchi ran the entire office’s operations, inclusive of all of its attorneys, detectives, and support staff with a budget of approximately 11 million dollars. His innovative programs and approach have led to numerous awards from State, Local, Municipal, business, and private entities. Robert Bianchi served on the Executive Board of the County Prosecutors’ Association and was one of the few prosecutors in many years to actually argue cases, motions, and sentences in court, and actually tried a murder case himself, which is extremely rare for a sitting county prosecutor.
Mr. Bianchi was previously a Hudson County Assistant Prosecutor (1989-1996) and thereafter a partner in the law firm Bianchi & Bianchi (1996-2007). Robert was one of the few attorneys in the State who qualified to handle death penalty cases when New Jersey had the death penalty.
Partner David J. Bruno has also returned to private practice after serving as Morris County Assistant Prosecutor (2007-2013). As an assistant prosecutor, Mr. Bruno prosecuted murder, major crimes, Distribution of CDS, white collar, internal affairs, domestic violence, and elderly abuse cases. Additionally, Mr. Bruno handled fraud and Major Crimes investigations and successfully tried a wide variety of trials including securing convictions for several high profile murder cases.
In December 2012, then Prosecutor Bianchi and Assistant Prosecutor Bruno worked together to secure a murder conviction against Jose Feliciano for the violent death of Father Edward Hinds in at St. Patrick’s Church in Chatham, New Jersey. Mr. Feliciano was sentenced to life without parole.
Together, Robert A. Bianchi, David J. Bruno and other “of counsel” attorneys make up an aggressive, ethical, and results-oriented New Jersey Criminal Defense firm who handle all criminal, municipal and DUI/DWI cases in New Jersey including Criminal Mischief cases.
Certified Criminal Trial Attorneys by the New Jersey Supreme Court
Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as a criminal trial Attorneys.
In New Jersey, the New Jersey Supreme Court has a certification committee which classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy a strict criteria including extensive jury trials, a primary focus in criminal law, an application submission, a peer review process, a character and background check and to pass a written examination. As of 2013, only 2 % of attorneys in the State of New Jersey are recognized as Certified Trial Attorneys and only 1% of all attorneys are recognized as Certified Criminal Trial Attorneys. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney.
Temporary Restraining Orders in New Jersey
At the time the victim the reports the alleged domestic incident, police may give them the option to file a Temporary Restraining Order against the defendant for immediate protection. Once a temporary restraining order has been issued by a Municipal Court Judge, a Final Restraining Order hearing will be set within 10 days of the date of the Temporary Restraining Order is entered.
Final Restraining Order Hearings in New Jersey
A Final Restraining Order Hearing is a civil proceeding that will be heard before a Superior Court Family Division Judge in the County Superior Courthouse in which the incident took place. This differs from the alleged predicate criminal act (ie. Simple Assault, Harassment, or Terroristic Threats) which will be heard before a Municipal Court Judge or Superior Court Criminal Judge depending on the degree of crime. The proceedings are entirely separate and isolated.
At the FRO Hearing, the parties present evidence both as to the allegations of domestic violence and as to the need for injunctive relief, such as spousal or child support, custody or visitation, and the need for substance testing or counseling. The judge may order a risk assessment as well at this time. In order for a Final Restraining Order to be entered, the judge must find there was a predicate act, a prior history of domestic violence, and that a reasonable person would be in fear for their safety based on the totality of the circumstances. If the defendant or “aggressor” is found to have committed an act of domestic violence, a Final Restraining Order is entered and the aggressor is fingerprinted, and the order is registered in the state and national domestic violence database.
These types of hearings are trials and it can be very overwhelming and complicated if you do not have an attorney. The parties will have to testify and the Rules of evidence apply. This is why it so important for both parties to have knowledgeable lawyers. At the Bianchi Law Group, LLC, our team of veteran criminal lawyers and former prosecutors will represent either side during these proceedings.
Trial Ready New Jersey Criminal Lawyers
Like in all of our cases handled at the Bianchi Law Group, our experienced staff of trial attorneys and “of counsel” attorneys are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys. We are former prosecutors, trial tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys… We are ready to represent you at your Final Restraining Order Hearing.
Contact Us Today for a Free Initial Consultation
You must act quickly as the Final Retraining Order will take place within 10 days of the domestic violence act. Contact Former Morris County Prosecutor Robert A. Bianchi, Esq. and David J. Bruno, Esq. at The Bianchi Law Group, LLC online or call (862) 210-8570 to schedule a free initial consultation with an experienced New Jersey Restraining Order Attorney.
At The Bianchi Law Group, we will take care to provide you Serious Attorneys for Serious Cases.