Domestic Violence

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.

Domestic violence takes place between couples that are either married or unmarried, former partners from dating relationships, as well as immediate family members. Domestic violence often involves persons who live in the same domicile or dwelling. And if you fall under those classifications there is a list of enumerated offenses, specifically various assaults which are prohibited under the Prevention of Domestic Violence Act (PDVA) of 1991:

  • Homicide,
  • Burglary,
  • Assault,
  • Terrorist threats,
  • Criminal restraint,
  • Kidnapping,
  • False imprisonment,
  • Criminal mischief,
  • Sexual assault,
  • Criminal sexual contact,
  • Lewdness,
  • Harassment,
  • Criminal trespass, or
  • Stalking.
Terroristic threats, simple assault and harassment are some of the most commonly filed charges in domestic violence matters. If an offense falls under the Prevention of Domestic Violence Act, then it allows the alleged victim to obtain a temporary restraining order (“TRO”). And if that TRO is granted, then generally, within 10 days, there is a final restraining order (“FRO”) hearing before an impartial, independent judge. At the time of the FRO hearing, both sides, with or without counsel, present evidence seeking or defending against a final restraining order.

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.

A lawyer helps your case by defending you on criminal charges and defending you on a restraining order hearing. Or, if you are the plaintiff on a restraining order, they are helping you advocate for that restraining order in front of a judge so you give yourself the best possible chance to win.

 

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.

Khaseem Greene
Would go to them again. Josh was very straight forward he knows what he is doing and completely confident I would recommend this firm to everyone . Thank you Josh for helping and doing a great job

5.0
2019-09-03T13:58:30-04:00
Would go to them again. Josh was very straight forward he knows what he is doing and completely confident I would recommend this firm to everyone . Thank you Josh for helping and doing a great job
Brian helped twice in the last five years. He did such a great job. Everything was handled with care each time. The cases were personal injury and estate. I highly recommend this firm.

5.0
2019-09-03T14:11:47-04:00
Brian helped twice in the last five years. He did such a great job. Everything was handled with care each time. The cases were personal injury and estate. I highly recommend this firm.
Josh is the Man. Had him as a professor. You may not like how straightforward he is but don’t confuse it with arrogance but know its out of humility

5.0
2019-09-03T14:12:45-04:00
Josh is the Man. Had him as a professor. You may not like how straightforward he is but don’t confuse it with arrogance but know its out of humility
I have worked with both Josh McMahon & Brian Schiller and they are both amazing. As a client I am not looking for someone to sugarcoat anything but I want a Pitbull that will get results.

5.0
2019-09-09T13:05:13-04:00
I have worked with both Josh McMahon & Brian Schiller and they are both amazing. As a client I am not looking for someone to sugarcoat anything but I want a Pitbull that will get results.
Brian and Josh have done a great job representing me on two cases. They are prompt with their responses and honest. They look out for the best interest of their clients but upfront with them at the same time. I would never hesitate to recommend Schiller McMahon to any of my friends.

5.0
2019-09-13T13:15:02-04:00
Brian and Josh have done a great job representing me on two cases. They are prompt with their responses and honest. They look out for the best interest of their clients but upfront with them at the same time. I would never hesitate to recommend Schiller McMahon to any of my friends.
Brian Schiller represented me on a misdemeanor assault case. I found myself in a position which I never thought I'd be in. I was scared that my whole life would be derailed by an incident which happened so fast. Brian remained calm and professional through the process, which helped me to relax and feel assured. After a number of appearances in court, Brian's persistence paid off and my case was thrown out.

5.0
2019-09-15T08:41:01-04:00
Brian Schiller represented me on a misdemeanor assault case. I found myself in a position which I never thought I'd be in. I was scared that my whole life would be derailed by an incident which happened so fast. Brian remained calm and professional through the process, which helped me to relax and feel assured. After a number of appearances in court, Brian's persistence paid off and my case was thrown out.
I have personally had the pleasure of being represented by Brian and he was the best. He was there for me every time I needed him and any question I had he was able to get an answer for me. Any time I need legal representation in the future I will be sure to contact him first.

5.0
2019-09-16T16:10:00-04:00
I have personally had the pleasure of being represented by Brian and he was the best. He was there for me every time I needed him and any question I had he was able to get an answer for me. Any time I need legal representation in the future I will be sure to contact him first.
Great Firm and had a great experience! Would highly recommend.

5.0
2019-09-18T18:47:51-04:00
Great Firm and had a great experience! Would highly recommend.
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