New Jersey Domestic Violence Attorneys Helping You Win Your Case
There are a lot of moving parts in a domestic violence case. There can be two tracks to your case: there may be a restraining order proceeding in family court, while at the same time, there could be pending charges in criminal court. The matters are interrelated, and what you say or do in one case will impact the other. You need a team who is experienced in developing a cohesive plan for your domestic violence matter.
You also need that team to be compassionate. Our team of former prosecutors knows how to handle these stressful situations and recognizes that a domestic violence case can impact your life far beyond the courtroom.
At The Bianchi Law Group, LLC, we offer a free consultation to anyone facing domestic violence or a related charge in family court or criminal court.
What Can I Do if I am Being Abused?
Domestic violence is a pattern of emotional, physical, verbal, and sexual abuse that covers a range of cyclical behaviors. These abusive acts are codified in the New Jersey Criminal Code and include indictable offenses, such as aggravated assault and sexual assault, as well as disorderly persons offenses, such as harassment, simple assault, and criminal mischief. If you are surviving in such a cycle, you need to know that it often becomes more frequent and more severe over time.
You also need to know that you can break free of the cycle and have champions at The Bianchi Law Group, LLC. As former prosecutors, our attorneys have prosecuted domestic violence cases and understand what you have gone through. They are ready to help you protect yourself and offer you compassionate strength to see you through this ordeal.
What Penalties Can I Face if I’ve Been Criminally Charged with Domestic Violence?
The charges one faces after being convicted of domestic violence vary depending on the severity of underlying act. Some domestic violence cases involve actions that constitute a disorderly persons offense, such as harassment or a simple assault. For a petty disorderly persons offense, the court may sentence the defendant to jail time or impose hefty fines. Other cases involve more serious acts that the New Jersey Criminal Code identifies as indictable offenses, such as aggravated assault. For such serious offenses, the court can impose prison time, extensive fines, and other sentencing consequences.
Many domestic violence cases result in restraining orders issued by the family court. A restraining order is an order from a court directing one person not to do something, such as make contact with another person, enter their home, or visit their workplace. There are collateral consequences to being subject to a restraining order, such as losing parenting time or administrative difficulties for any professional licenses you may hold. If you have been accused of domestic abuse and face a restraining order, you need holistic legal advice from a law attorney that understands the magnitude of the consequences you are facing.
Why Hire a Criminal Defense Attorney if I’ve Been Accused of Domestic Violence?
There are a number of similarities between a Civil Complaint alleging domestic violence and a criminal complaint alleging domestic violence. The most important similarity between the two is if there is a judgment against you, you face serious consequences that impact all areas of your life. Legal consequences aside, you will also endure unquantifiable harm in your family relationships, such as those with your children. Your constitutional rights may be impacted, just as they would be by a traditional criminal case. One thing is clear: there is a great deal of overlap between criminal proceedings and civil domestic violence proceedings.
And even if there is no criminal case against you now, one could quickly develop if an FRO is issued against you and you violate that FRO in any way. You also do risk facing criminal charges brought by your county prosecutor’s office based on the acts underlying the domestic violence accusations against you. Because of the overlap between a civil domestic violence proceeding before the family court and the potential for criminal proceedings, it is best to hire a criminal defense attorney who is familiar with both worlds.
Also like in criminal cases, both sides conduct an investigation. But unlike criminal cases, FRO hearings are held within weeks of the issuance of the TRO. That means that the investigation takes place on a short timeline. That also means that your attorney should be someone well-versed in investigative tactics and how to use that evidence in your case.
A specialized criminal defense lawyer will leverage the evidence gathered during the investigation. Our team of exclusively former prosecutors have investigated a wide range of matters, including domestic violence criminal charges. As a result, they are knowledgeable about the investigative process and use that insight to take charge of the investigation. We strive to produce the best case possible, and the best case begins with the best investigation. When you work with one of the former prosecutors at The Bianchi Law Group, LLC, you can trust that our attorneys will stop at nothing to advocate on your behalf. Your attorney will compassionately listen to you and present your case to the judge.
Finally, the FRO hearing is a lot like a criminal trial. There are opening and closing statements by the lawyers. There may be witnesses. There could be objections based on evidentiary issues – and no one knows The Rules of Evidence like former prosecutors do. Our trial experience as former prosecutors naturally translates to the FRO hearing setting. Because of that experience, we stand ready to zealously advocate for you at the FRO hearing.
What Steps Should I Take Now?
If you are in a domestic violence situation, contact a lawyer as soon as possible to protect your rights. These matters are serious, even if there are no criminal charges – yet. But unlike criminal cases, these matters develop and quickly advance to trial. The faster you retain competent counsel experienced and trained in these cases, the likelier your outcome is to be favorable.
The experienced domestic violence attorneys of The Bianchi Law Group, LLC are former prosecutors who have handled the investigations and prosecutions of crimes in New Jersey. Consequently, they are intimately familiar with how the other side builds a case and know how to construct a compelling case for you. Call The Bianchi Law Group, LLC at 862-210-8570 or use our online scheduler to set up a free consultation today to learn more about putting together the strongest defense possible.