New Jersey Domestic Violence Attorneys
Conflict between family members or those in dating relationships can be some of the more difficult, complex, and challenging cases because the dispute is often between parties who share common children, or otherwise have a history with one another.
At Schiller McMahon, our experienced, former domestic violence prosecutors have, unlike most criminal attorneys, actually tried domestic violence cases before a jury. Charges in domestic violence situations often include simple assault; aggravated assault; weapons; harassment; terroristic threats; criminal restraint; and/or kidnapping.
Domestic violence cases can dramatically impact an accused’s freedom, ability to stay in their home, ability to interact with their children, employment, including professional or business licenses.
Similarly, Schiller McMahon is trained in handling any adjoining temporary restraining order (TRO) or final restraining order (FRO) proceedings, as the firm attorneys appear with frequency before Family Judges. Most important, having a single, highly-experienced Firm handle both the criminal charge and any TRO/FRO proceeding greatly increases the likelihood of a successful outcome in both, as they are inextricably intertwined and prosecutors will absolutely use TRO/FRO proceedings—where defendants CANNOT assert the 5th Amendment without a negative inference—to build criminal prosecutions.
- Terrorist threats,
- Criminal restraint,
- False imprisonment,
- Criminal mischief,
- Sexual assault,
- Criminal sexual contact,
- Criminal trespass, or
In that situation, if you are charged with an act of domestic violence, and you are also on the receiving end of a temporary restraining order, you absolutely should have counsel. This is because you have two ((1) criminal and (2) restraining order) different problems that arise from the same event. They arise from the same event, but you have a criminal problem for the charges, and you have a restraining order problem.
A FRO has serious consequences. You are uploaded into federal registries. You are given FBI numbers. Travel issues will arise, and consequences when you go to and from the country and in and out of airports could become a serious possibility. These are known as collateral consequences, but they can be devastating without an experienced, talented attorney by your side.
If you are the victim of domestic violence and you have to go and pursue a final restraining order, you also should retain counsel. You don’t want to go in front of a state superior court judge in a complex situation without knowing the rules of evidence or required procedures. Have an attorney who can advocate on your behalf so that you’re successful in attempting to obtain a final restraining order.
Finally, there are unfortunate situations where you or someone you know is the victim of someone attempting to use the domestic violence laws, including TROs and FROs, to gain an advantage in divorce or custody litigation. Even if someone is making up lies about you, you will need counsel because the consequences are potentially permanent.
Why Choose Schiller McMahon
If you, your family, or someone you know has a domestic violence issue, contact the former prosecutors at Schiller McMahon today for a discreet and compassionate handling of your issue.