Experienced Legal Representation with Your Best Interest in Mind
If you are a victim of domestic violence or facing domestic violence charges, it is essential to obtain legal advice from a trusted and knowledgeable New Jersey trial attorney. Our tenacious trial attorneys can help you maneuver through Domestic Violence cases and properly manage this highly tense and often emotional situation to obtain the best result for you and your loved ones.
Our New Jersey Trial Attorneys are highly qualified and regularly handle domestic violence matters, from both the victim and defendant perspective and we are dedicated to the success of our clients. At the Bianchi Law Group, we offer superior negotiation skills and help advise you to determine what defensive action to pursue. Our trial attorneys are former New Jersey Prosecutors who are skilled in courtroom tactics, as well as negotiation skills that put our clients at a distinct advantage in achieving optimal results.
New Jersey Domestic Violence Laws
Many people are understandably afraid and confused when it comes to New Jersey’s Domestic Violence laws. Let our former New Jersey Prosecutor trained trial attorneys give you the confidence that you have the very best legal representation at your side during this difficult time.
Under the New Jersey Domestic Violence Prevention Act, it is essential to have an aggressive and skilled trial attorney with the necessary experience to handle these emotional and often frightening matters. There is great urgency from the outset that you file the appropriate forms with the necessary information, inform the appropriate authorities, and we can help you take the necessary steps to protect your rights regardless if you are a victim or defendant in a Domestic Violence matter.
Under the New Jersey law, domestic violence is committed by a person who has a close relationship in your life, including a current or ex-spouse, any member of your household (past and current), any current or former boyfriend or girlfriend, or a parent of your children (or expected child). You do not need to be legally related to or currently living with an abuser to qualify for protection under this law. If such a relationship applies, then the New Jersey Domestic Violence Prevention Act may apply.
There are more than 14 categories of offenses that apply to domestic violence, including: (1) homicide (N.J.S.A. 2C:11-1); (2) assault(N.J.S.A. 2C:12-1); terroristic threats (N.J.S.A. 2C:12-3); (3)kidnapping (N.J.S.A. 2C:13-1); (4) criminal restraint (N.J.S.A. 2C:13-2); (5) false imprisonment (N.J.S.A. 2C:13-3); (6) sexual assault (N.J.S.A. 2C:14-2); (7)lewdness (N.J.S.A. 2C:14-4); (8) criminal mischief (N.J.S.A. 2C:17-3); (9) burglary (N.J.S.A. 2C:18-2); (10) criminal trespass (N.J.S.A. 2C:18-3); (11) harassment (N.J.S.A. 2C:33-4); and even stalking.
In an informal proceeding when a person provides enough evidence that an act of domestic violence occurred, and there is a need for protection, the court will then issue a Temporary Restraining Order (“TRO”). Typically, this court order ensures that contact between the parties is prohibited. The court may also Order other conditions of the TRO that are of an emergent basis.
After a TRO is issued and the defendant is served, the matter is set for a trial to determine if there is sufficient evidence to turn the TRO from a temporary order into a Final Restraining Order (“FRO”), which can become a permanent order of the court to prohibit contact and other conditions, under penalty of arrest if the FRO conditions are violated in the future.
When either a TRO or FRO are violated by a defendant, such as making contact with the victim protected under either restraining order, then a New Jersey Criminal Complaint may be filed for “Contempt of Court.” These charges are now elevated into a criminal charge that is handled and prosecuted by a New Jersey Prosecutor’s Office attorney, referred to as an Assistant Prosecutor.
Criminal Charges for Violating a Restraining Order
The offense of Criminal Contempt for violating a TRO or FRO is a fourth-degree criminal offense that is punishable by up to 18 months in New Jersey State Prison, and fines in excess of $10,000.00, and will cause one to have a criminal record. The consequences of such a charge and conviction of same have a tremendous negative impact on that person. Hence, when one is charged with a contempt violation, they should only seek the advice of a skilled, Certified Criminal Trial Attorney as designated by the New Jersey Supreme Court. Only Certified Criminal Trial Attorneys are considered experts in the field of criminal law in New Jersey. There are only 250 Certified Criminal Trial Attorneys in New Jersey out of over 98,000 lawyers in New Jersey. At The Bianchi Law Group, we are proud that we have 2 attorneys so certified as Criminal Trial Attorneys. And, only one attorney (Mr. Bianchi) in the entire State of New Jersey is a Certified Criminal Trial Attorney that actually was a head County Prosecutor. This is a tremendous accomplishment that we are very proud of and that separates us from every other law firm in New Jersey.
Our New Jersey Certified Criminal Trial Attorneys are here to help you navigate this difficult time in your life. Our former New Jersey Prosecuting attorneys at The Bianchi Law Group have spent years as prosecutors and criminal defense attorneys handling domestic violence cases for those that are victims, and those that are alleged to have committed acts of domestic violence.
The legal team at The Bianchi Law Group specializes in New Jersey Criminal Defense cases and often handles Domestic Violence Criminal Contempt cases from inception to resolution for alleged violations of New Jersey’s Domestic Violence Prevention Act.
As former New Jersey Prosecutors, we have prosecuted and defended criminal contempt cases, as well as supervised and commanded the Domestic Violence Division in the Prosecutor’s office. We know how prosecutors prepare their cases, their concerns, and how to best navigate a defense with this "inside knowledge." Simply put, our team of attorneys is seasoned, respected, and tenacious Domestic Violence attorneys that know the courtroom well and get results. We are not intimidated by the process or the courtroom trial process.
Certified Criminal Trial Attorneys Working with Matrimonial Attorneys
As Certified Criminal Defense Attorneys, our office does not handle any matrimonial/divorce matters, however, we work with many matrimonial attorneys who need our services as a "force multiplier" when their clients need tough, aggressive, skilled trial attorneys to handle any Domestic Violence aspect of the matrimonial case. We are mindful of the many criminal cases that emanate out of family court and divorce matters due to the high-tension environment of a divorce. We work closely with the Family Law Section of the New Jersey State Bar Association to cross-train and offer our services when their clients need our help. Moreover, unlike the Rules for Certified Matrimonial Attorneys, Certified Criminal Trial attorneys are allowed to provide a referring attorney a referral fee for a criminal case, pursuant to R. 1:39-6(d). Most importantly, the client and referring matrimonial attorney have the confidence knowing that the domestic violence case is in the hands of uniquely skilled and experienced trial attorneys and former prosecutors who have impeccable reputations for honesty, integrity, and ability.
This is why so many matrimonial attorneys often refer Domestic Violence cases to the attorneys at The Bianchi Law Group, due to our experience in handling these criminal prosecutions as former New Jersey Prosecutors, and skill in defending these kinds of offenses based on those unique experiences.
Your matter is too important not to use the skills of our former Prosecutors and Certified Criminal Trial Attorneys to protect your interests.