Being accused of stalking another student on your New Jersey college campus is no laughing matter. Whether you're completely innocent, a situation has been blown out of proportion, or your alleged stalking didn't really hurt anyone, you need to take these allegations seriously. What may seem like no big deal can derail your entire academic, professional, and personal life. If you are facing criminal charges or disciplinary action for stalking on your New Jersey college or university campus, the Lento Law Firm Team can help. Our attorneys always fight tooth and nail for our clients and are experienced in fighting the battle on both fronts, in the courts and at your academic institution. Contact us today by calling 888-535-3686 or using our online form .
New Jersey Criminal Stalking Laws and Penalties
If you are accused of stalking on your New Jersey college or university campus, in addition to issues at your academic institution, you may be facing criminal charges. Regardless of where your college or university is located, all New Jersey localities follow the same state laws on stalking.
New Jersey Law on Stalking
New Jersey law defines stalking as “when a person engages in a course of conduct directed at a specific individual that would cause a reasonable person to fear for his safety or suffer emotional distress.” Like many laws, New Jersey's stalking law can be a bit confusing to understand. You may wonder what "course of conduct" or "what really counts as emotional distress?" Fortunately, the law elaborates on that, but how courts interpret these varies from case to case and judge to judge.
Under New Jersey, law, course of conduct simply means repeatedly maintaining contact or proximity to the other person, whether it be directly, indirectly, or even by using a third party (for example – having your friend ask this person out on a date or give them gifts on your behalf when they see the person in the class). The law also provides examples of course of conduct, which include:
- Following
- Monitoring
- Surveilling
- Threatening
- Communicating
- Harassing
- Interfering with a person's property
New Jersey law has a fairly low bar for what is considered repeated behavior—as little as two occasions are enough to be considered repeatedly maintaining contact with someone.
As discussed in the sections below, you will bump into the same students on campus numerous times because your schedules are similar, so normal situations of what course of conduct and repeatedly mean can be more complicated. This can be good for your case because you have as much right to be on your own college campus as any other student.
In addition, even the legal definition of emotional distress, “significant mental suffering or distress," is not very helpful. What emotional distress is for each person differs, and emotions can be fear, anxiety, or many others. It certainly does no one any favors that emotions run high when young adults are involved. We know that all these definitions are confusing, and being accused of stalking is scary. Your Lento Law Firm attorney will give you more insight into how the law is applied in practice and your options based on the facts of your situation.
New Jersey Law on Cyber-Stalking
While the above law does cover cyber-stalking in some capacity, cyber-stalking is also covered in New Jersey's domestic violence laws. Cyberstalking is also often referred to as cyber-harassment and falls under the category of cyber-harassment. Under New Jersey law, cyber-stalking means "communications in an online capacity via any electronic device or through a social networking site with the purpose to harass another." These communications include sending threats of physical harm, committing a crime against the person or their property, or sending posts, comments, or any other communications that are lewd, indecent, or obscene with the intent to cause emotional harm.
Penalties for Convictions on Stalking Charges
Stalking crimes are either third- or fourth-degree crimes in New Jersey. Generally, stalking crimes, whether it be traditional or cyber-stalking, in New Jersey are considered fourth-degree offenses. If convicted of a fourth-degree offense in New Jersey, you can face prison time of up to 18 months and a fine of up to $10,000. In some cases, stalking can be escalated to a third-degree offense. This typically happens when a restraining order has already been issued against you, and you continue to stalk the person despite the existence of the restraining order. If you are found guilty of a third-degree stalking offense, you could be facing three to five years in prison and a fine of up to $15,000.
Changes to New Jersey Stalking Laws
New Jersey made a few changes to its laws on stalking in 2023. The changes, which went into effect in 2024, allow alleged victims of stalking and cyberstalking to obtain restraining orders against their accused stalker. One of the biggest changes to the law is that restraining orders can now be filed against a person for "stranger stalking" – this means you and the alleged victim don't need to have an existing relationship for a restraining order to be put in place.
Before the changes to this law, you and the person accusing you of stalking would have needed to have an existing relationship to pursue a restraining order against you, for example, an ex-girlfriend or boyfriend. Under the new law, a restraining order could be filed against you for "stalking" someone on campus you have a crush on but don't even know in any official capacity if you have exhibited stalking behaviors.
Because the changes to the law are relatively new, how the legal system is implementing the law in practice can be difficult to understand. It takes years for court trends to develop, but your Lento Law Firm attorney has been on the ground following the changes and in court every day. Your attorney will be able to tell you what they are seeing firsthand and what you can expect in your case.
New Jersey Stalking Laws and Restraining Orders
When you are being accused of stalking, the accuser will likely make all efforts possible to keep you away. This can be done in two ways: through the criminal system via a restraining order or through your college or university's Title IX office (which will be discussed further in the sections below).
If the accuser is taking action through the New Jersey court system, you can face two types of restraining orders: a temporary restraining order (TRO) and a final restraining order (FRO). As the name suggests, temporary restraining orders are limited in the amount of time they are valid, typically just a few weeks at most. When a TRO is granted, the court will almost immediately review the facts of the case and decide whether or not an FRO is appropriate. Because the time between a TRO being granted and the court deciding on a FRO is so short, you need to call the Lento Law Firm immediately if a TRO has been filed against you or even if you suspect one is coming down the pipeline.
When the court orders a FRO, it is permanent and can have long-term consequences. Not only is this a criminal issue, but an FRO can result in serious issues at your college or university, including resulting in you being forced to leave your academic institution. Even if the college or university does not take action against you, if you attempt to transfer to another academic institution, many institutions require you to disclose criminal charges and restraining orders against you. You do not want to lose future academic and career opportunities due to this exaggerated stalking claim.
Defense Against a New Jersey Restraining Order
To prevent an FRO, you need the Lento Law Firm to represent you out of the gate and fight to get the request denied. One option your Lento Law Firm attorney may pursue is entering you into the Pre-Trial Intervention Program (PTI). This is a great option for many students because it allows them to avoid facing prison time and does not leave them with a criminal record that would follow them for life. PTI allows first-time stalking defendants to participate in court-ordered activities and programs in lieu of criminal punishment. PTI doesn't get you out of the criminal justice system altogether; you will need to follow the judge's orders, which can include making restitution payments or completing community service, among other things. Charges also won't go away immediately; it generally takes at least six months for the charges to be dropped, during which time you must have met all the court-ordered requirements to complete the PTI program.
Stalking Crimes on New Jersey College Campuses
College campuses are unique in that they are one of, if not the only time, a person will spend nearly all their time in such a small space. For many students, eating, sleeping, attending classes, going to the gym, socializing, and even going to medical appointments are all happening in the same place – their college campus. Because of the close-knit nature of college communities, students will naturally end up in the same place, at the same time, intentionally and unintentionally, and stalking allegations will come up. Additionally, mixing young adults with hormones, poor judgment, drugs, alcohol, stress, and small spaces can easily lead to miscommunications or conflicts that can be construed as stalking behavior. In normal life, if there is a conflict, physical separation is much easier; everyone just goes back to their separate homes and goes to their jobs and routines in different places, but everything is messier when the lives of college students are so intertwined and false allegations happen often.
Common Instances of Stalking on New Jersey College Campuses
There are many different behaviors that fall under the umbrella of stalking. What makes stalking "stalking" instead of just being in the same place at the same time in a normal way on a college campus are intent and repetition. Common behaviors that can evolve into stalking include:
Physical Following
We most often think of physical following when we think of stalking. This can look like consistently showing up at another student's dorm room, class, or events where you know they will be. What makes these instances of stalking is when your presence in the space makes the other student feel unsafe, like you may physically or emotionally harm them.
Digital Following
New and improved technology advances in tracking and the introduction of tracking apps make digital following a common way to stalk another person. For example, putting a tracking device in a person's car or backpack without their explicit knowledge and consent.
Persistent Communication
While physical following may be what we think of when we hear stalking, persistent communication, mostly using technology, is probably the most common type of stalking. This includes the crime of cyber-stalking. Persistent communication can involve spamming the other person or frequently sending unsolicited messages on social media, email, or other platforms in a manner that is harassing or intimidating.
Unwanted Gifts or Attention
Movies and TV are full of romantic stories where a guy flirts with a girl, she pretends to be disinterested, he sends her flowers, calls, etc., and eventually, she caves, and they fall in love. That behavior, while entertainment, is actually inappropriate and can fall into the category of stalking. You may think, "Who thinks that waking up to a 'hey beautiful text' or frequent gifts is bad?" The answer is anyone who doesn't want those gifts or messages – it's that simple. While you may not have physically harmed them, this behavior is still stalking. This behavior creates what colleges and universities refer to as a hostile environment for the student on the receiving end. This is important because when there is a hostile environment, Title IX is triggered, and schools are required to, at minimum, look into the situation (which will be discussed in greater detail in the sections below).
Title IX and Stalking On New Jersey College Campuses
As a college student, you are probably somewhat familiar with Title IX. Nearly every incoming college freshman is required to watch some video and complete a short training on Title IX. Like most people, you may not remember much from training that happened during such a busy time in your life, but it is important to be familiar with Title IX and how it relates to the stalking allegations against you.
Title IX is the main federal law that addresses sexual discrimination and misconduct on campus. The law requires colleges and universities to develop and implement certain policies and procedures to address certain forms of misconduct, including stalking. Title IX outlines how colleges and universities must accept and resolve complaints of misconduct as well as how to remain fair yet protective of both parties in the process. While the law is well-intentioned, keep in mind that when you are the accused, you can never guarantee fair treatment. How well schools do in upholding the rights and reputation of the accused varies, which is why it is important to retain the Lento Law Firm from the start to ensure your rights are protected.
Stalking Under Title IX
Under Title IX, stalking falls under the category of sexual harassment. There are three types of what Title IX calls sex-based harassment: quid pro quo harassment, hostile environment harassment, and specific offenses of harassment. Stalking can fall into two of these categories: hostile environment harassment or a specific offense of harassment. As mentioned briefly above, when a victim believes they are being stalked, things get uncomfortable, which can fall into the category of a hostile environment. The stalking behaviors themselves also qualify as specific instances of harassment that can trigger Title IX.
2024 Changes to Title IX and How They Impact Students Facing Stalking Allegations
While many people not involved in higher education may not have noticed, Title IX has been a hot topic in politics during recent election cycles. In 2024, during the Biden Administration, the Department of Education made various changes to Title IX, which came right after a series of changes under the Trump Administration. As a college student, you cannot be expected to closely follow Title IX changes; your education is your full-time job. But because these changes can so greatly impact your future, when retaining an attorney, you need someone whose full-time job is knowing the ins and outs of Title IX, and those attorneys are at the Lento Law Firm.
At the Lento Law Firm, we are well-versed in the implications of the changes to Title IX and can help you navigate the disciplinary action process you are facing under Title IX as a result of the stalking charges against you. Your Lento Law Firm attorney will walk you through everything you need to know, but here are a few of the changes that can impact how your stalking case may be handled.
Expansion of the Definition of Sexual Harassment
The 2024 changes to Title IX expanded the definition of sexual harassment. The focus of this change was the definition of hostile environment harassment, which is now defined as “unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the recipient's education program or activity." Previously, the law used the language "severe and pervasive" which was more limiting. The law also formerly required that for stalking (or other behaviors) to qualify as hostile environment harassment, the alleged victim must be unable to participate in educational programs or activities, but the law now only requires that the participation be limited in some way.
Mandatory Dismissals
Previous versions, including the 2020 version of Title IX, required schools to dismiss certain Title IX cases automatically, but this is no longer the case. Colleges and universities now have more discretion in whether they will automatically dismiss a case.
Live Hearings
One of the most confusing aspects of Title IX in recent years is how hearings are addressed in Title IX cases. In 2020, changes to the law required all colleges and universities to conduct live hearings for all Title IX violations, big or small. That meant that a grueling, long, and upsetting hearing had to be held for even minor stalking charges. While stalking is, of course, not a harmless crime, it certainly is not comparable to sexual assault or discrimination. While hearings, which operate similarly to court cases, may be appropriate in the most serious cases, they are not necessarily the best approach in stalking cases.
Fortunately, the 2024 changes give colleges and universities the discretion to decide if a hearing is necessary on a case-by-case basis. The fact that schools now have flexibility in whether or not to hold a hearing in a stalking case means your Lento Law Firm attorney can argue that less formal methods are appropriate in your case. It may be better for you to address the matter in an informal, more mediation setting without the stress of hearing with cross-examinations and witnesses whose emotions are running high.
While schools are not required to have hearings in all cases, if your specific stalking case leaves you facing suspension or expulsion, your college will still need to conduct a hearing. Just as you would never represent yourself before a judge in court, you should not be representing yourself at your Title IX stalking hearing. Your Lento Law Firm has extensive experience representing students in Title IX hearings and will put forth a strong case on your behalf.
Establishing a Consistent Evidence Standard
When it comes to Title IX stalking, there is a different standard of evidence than there is in criminal cases. In criminal stalking cases, the court will need to show that the evidence supports the stalking claim beyond a reasonable doubt. Under Title IX cases, the standard is the preponderance of the evidence standard. This simply means that the evidence supports that it is more likely than not that you were stalking the accuser.
Before the changes to Title IX, schools could use different standards. The 2024 changes require that schools apply the preponderance of the evidence standard, with the exception of a few instances. The exception to the rule is if the school uses a different standard of evidence, the clear and convincing evidence standard, for all of its other disciplinary proceedings. Most New Jersey colleges and universities, including Rutgers University and Princeton University , apply the preponderance of evidence standing.
Expansion of Jurisdiction to Off-Campus Violations
Before the 2024 changes to Title IX, whether Title IX applied to off-campus activities and incidents was a matter of contention. Were schools really allowed to police off-campus activities that weren't directly related to school? Under the 2020 Title IX changes, the answer was no. However, the newest version of Title IX makes it clear that off-campus behavior is fair game under the law. This means that even if whatever alleged stalking occurred nowhere near campus, for example, on your study abroad trip in Spain – you can be facing disciplinary action for stalking at your New Jersey academic institution. You may be wondering why this is the case. This is because of the hostile environment that stalking can create, which we discussed briefly above.
Disciplinary Procedures for New Jersey College Students Accused of Sexual Misconduct
If you have been accused of stalking on your New Jersey college campus, you can expect your college or university to go through the Title IX disciplinary action process. Title IX stalking disciplinary action processes can be lengthy. Still, the sooner you retain the Lento Law Firm on your side, the faster we can begin advocating for you, ideally preventing the process from going too far. While your Lento Law Firm attorney will walk you through the entire process, below is a brief overview of what is ahead.
Filing a Complaint
Disciplinary action will begin when someone files a Title IX complaint alleging that you have stalked another student on campus. Complaints will go to your school's Title IX office and to a designated Title IX officer. The entire job of a Title IX officer is to be an expert on ensuring compliance with Title IX – including investigating complaints.
Initial Assessment and Supportive Measures
When the Title IX coordinator receives a stalking complaint, they will first ensure the allegations fall within their authority. Essentially, they will decide if the behaviors you have allegedly participated in actually qualify as stalking under Title IX.
During the initial assessment, the Title IX coordinator will also decide if supportive measures should be immediately established. For example, what would be common in a stalking case might be to establish what is referred to as a mutual no-contact order. A mutual no-contact order is like a restraining order, prohibiting contact between you and your accuser. In practice, a mutual no-contact order may have you or your accuser alter their academic, campus work, or other on-campus schedule to avoid contact.
Investigative Process and Investigative Report
If the reported behavior is within the definition of a Title IX violation, the coordinator will investigate the stalking allegations against you. Investigations will include interviews with you, the accuser, and other knowledgeable parties, as well as collecting and reviewing any relevant evidence. Evidence common in stalking cases includes, but is not limited to, text messages, messages on social media or apps, photos, and videos.
You need to consult your Lento Law Firm attorney before attending any interview or having substantive contact with the Title IX coordinator assigned to your case. While Title IX coordinators should be impartial and fair to both the accuser and the accused, that is not always the reality. You need your Lento Law Firm attorney's guidance to protect your rights, and your best defense is front and center in every interaction.
When the Title IX coordinator completes their investigation, they will write a report summarizing the allegations, evidence provided, and the credibility of that party's interviews. Both parties will have the opportunity to review the report before it is finalized. When the report is sent to you, review it with your Lento Law Firm attorney immediately to check for accuracy and plan your next steps.
Notice of Charges
If there is sufficient evidence that you have stalked another student, charges will be filed against you, and you will receive a document called a notice of charges. This document will explain the disciplinary process going forward. If you have received a notice of charges, call the Lento Law Firm immediately; you have no time to waste building your defense.
Hearing and Determinations
Like in court, you can have an attorney represent you at your Title IX hearing. Your Lento Law Firm attorney will argue your side of the case, present evidence in support of your innocence, and examine and cross-examine witnesses. Hearings are generally held before a panel of school authorities. At the conclusion of the hearing, the panel will decide what, if any, disciplinary action should be taken. Penalties for stalking charges include:
- Disciplinary probation
- Formal reprimand
- Exclusion from university housing
- Loss of financial aid
- Suspension
- Expulsion
- Mandatory counseling or other rehabilitative programming
Appeals
New Jersey colleges and universities do not all have the same appeals process. Typically, the school requires a written appeal within a very short time after you receive a determination from the hearing panel. If the Lento Law Firm has not represented you until now, retaining one of our attorneys can still turn your case around. When your future is on the line, you need to keep fighting.
Areas We Serve in New Jersey
The Lento Law Firm has worked to represent college and university students throughout the state. The students we represent attend a variety of different institutions, from community colleges to four-year universities and doctoral programs. Our clients come from private and public institutions, including Stevens University, Rutgers University, Rowan University, Ocean County Community College, and Princeton University.
Why You Need the Lento Law Firm to Represent You
When it comes to facing stalking charges on campus or in the New Jersey justice system, you need the Lento Law Firm fighting for you. You cannot gamble with your future by hiring just any criminal defense attorney. The seasoned attorneys at the Lento Law Firm work every day with students on college campuses throughout New Jersey. Defending stalking charges when both parties live, work, and go to school within likely the same square mile is widely different than your average stalking charge. Your Lento Law Firm attorney has handled countless cases like yours, working on criminal and student defense matters. You need your criminal and academic charges handled cohesively and effectively by an experienced Lento Law Firm attorney who will never back down. Let the Lento Law Firm fight for you; call us today at 888-535-3686 or contact us online .
