Information Regarding Temporary Restraining Orders (TROs) and Frivolous Litigation Suits in New Jersey
Even though the Prevention of Domestic Violence Act (PDVA) had the objective of codifying and simplifying Domestic Violence protections within the State of New Jersey, it also has led to an increase in restraining order cases. While many of these restraining order cases absolutely are justified, there are others that are being utilized as a device to cause harm to an individual whose conduct may not have warranted a restraining order. In these sorts of situations, it is essential to have an attorney proactively defending your interests to contest the validity of the need for both a Temporary Restraining Order (TRO) and Final Restraining Order (FRO). If you have recently had a Temporary Restraining Order (TRO) or a Final Restraining Order (FRO) filed against you, then it is highly recommended to review the information below:
R.T vs. Z.S Case
Even though R.T vs. Z.S. is not precedent that is binding on most courts in New Jersey, the opinion does serve as a logical description of how courts approach the debate as to whether to require a party filing frivolous suits to pay counsel’s fees. In the case of R.T vs. Z.S., there had been multiple Domestic Violence cases over their five year dating relationship and many of them had been dismissed for being meritless. On July 24, 2018, the Plaintiff had filed his fourth Domestic Violence complaint against Defendant alleging Harassment, Stalking, and Criminal Mischief, which led to Plaintiff obtaining a Temporary Restraining Order (TRO). At the Final Restraining Order (FRO) hearing, the judge dismissed the claim based on finding the Plaintiff to not be credible. As a result the Defendant’s counsel filed a certification in support of an application for attorney’s fees under Rule 5:3-5, which led to the Family Part judge awarding Defendant $2800 in counsel fees. The judge questioned whether a Defendant in a Domestic Violence case could be awarded attorney’s fees and it was discussed that a Defendant who prevails in a PDVA case can only be awarded attorney’s fees if the court finds the complaint was frivolous or was brought in bad faith under N.J.S.A. 2A:15-59.1, which led to the dispute going to the Appellate Court since the Defendant’s attorney did not file a formal motion to pursue attorney’s fees. As a result, the Appellate Court held that the Defendant’s motion for attorney’s fees to be reversed.
Actively Defending Defendants in Temporary Restraining Order (TRO) Cases
When representing a Defendant in a Domestic Violence-related case, there are often both Temporary Restraining Orders (TROs) and Final Restraining Orders (FROs) involved. These hearings can get particularly complex due to their lasting impact on a Defendant’s criminal record and their family, particularly if there are children involved. Our firm actively defends the interests of the Defendant cases that we take on in Domestic Violence matters so that they have the best possible defense against any Temporary Restraining Order (TRO) and Final Restraining (FRO) that is being filed against them. We are dedicated to utilizing many effective defense strategies in order to ensure the best possible outcome for our clients.
Focus on Criminal Defense and Domestic Violence
If you or a loved one has been involved in circumstances related to a Domestic Violence or Stalking case in New Jersey, it is highly recommended to speak with an attorney in order to have the best possible outcome of your case. At the Bianchi Law Group, our firm primarily focuses on cases related to Criminal Defense and Domestic Violence. Both partners Robert Bianchi and David Bruno are former prosecutors who prosecuted a wide range of cases including Criminal Defense, Domestic Violence, and Municipal Hearings. The Bianchi Law Group is equipped with experienced Criminal Defense attorneys in New Jersey to help individuals looking for a New Jersey lawyer to help navigate the new complicated regulations while providing the best possible representation and legal outcome for our clients.
Former Prosecutors and Trusted by the Media
The Bianchi Law Group partners Robert Bianchi and David Bruno are former prosecutors who have handled the investigations and prosecutions of crimes in New Jersey and are certified along with only 250 other attorneys as certified criminal trial attorneys by the New Jersey Supreme Court. Robert Bianchi and David Bruno have extensive experience related to Criminal Defense and Domestic Violence cases in New Jersey. Robert Bianchi and David Bruno regularly appear as national legal analysts to comment and debate all most major news networks such as: Fox News, CNN, HLN, MSNBC, Fox Business among others.
The Bianchi Law Group focuses on practice areas related to Domestic Violence, Criminal Defense, and Municipal Court matters. Contact us at 862-210-8570 to discuss potential legal implications of the new regulations in New Jersey pertaining to domestic violence and restraining order cases or any other legal issues you have.