When people think of the worst crimes to be accused of, stalking doesn't typically top the list. But with recent updates to New Jersey stalking laws in 2024, the risks of false accusations are increasing, and the repercussions of stalking accusations can follow you for a lifetime.
If you are being accused of stalking or are being issued a restraining order, you can suffer immediate damage to your reputation and restrictions on your career and family life. Courts often take swift action to protect potential victims, but you deserve just as much legal protection when accused of a serious crime.
The Lento Law Firm is dedicated to defending New Jersey residents from all manners of crimes, including false accusations of stalking. To prevent convictions and restraining orders, call our Criminal Defense Team today at 888-535-3686 or fill out our online contact form.
Stalking in Burlington County
Stalking in Burlington County looks just like stalking in other parts of the state. New Jersey law states that someone is guilty of stalking if they:
- Purposefully or knowingly engage in a course of conduct
- Direct those acts at a specific person
- Cause a reasonable person to fear for the safety of themself or another or suffer emotional distress
Without successfully proving all elements of stalking, prosecutors don't have a solid case. A closer look at each part of the law can shed some light on what defenses are available if someone accuses you of stalking in Burlington County.
Purposefully or Knowingly
Without intent, prosecutors cannot successfully argue someone's guilt related to stalking. If you were unaware of any repeated contact between you and the person alleging the crime, that does not classify as stalking.
Course of Conduct
In the modern day, New Jersey recognizes that stalking entails more than just following someone on their way home. In fact, many stalking-related charges involve the internet and social media platforms. Some of the behaviors and conduct New Jersey defines as stalking include:
- Harassing someone
- Staying in close visual or physical proximity to someone
- Using any method or device to follow, monitor, observe, surveil, threaten, interfere with someone's property, or communicate to or about someone.
- Written or verbal threats
- Implied or explicit threats due to actions, conduct, and communication
Repeatedly
Prosecutors can't secure a stalking conviction if they allege only one instance of misbehavior. Stalking involves a pattern of activity and more than one instance of behavior or conduct. Importantly, even if different behaviors occur one time, multiple separate behaviors can combine to show a pattern.
Repeatedly running into someone or seeing them in public isn't enough to warrant a stalking charge. Prosecutors must still prove that the repeated interaction resulted from the accused stalker's purposeful behavior. If neither person intended to meet or see each other again, there is no case for stalking.
Emotional Distress
New Jersey law defines emotional distress very broadly, simply referring to significant mental suffering or distress. However, this is combined with the requirement that a reasonable person be fearful for their safety or the safety of a third person. When put together, this means that the average person must understand why someone's repeated actions would cause someone else to be afraid or suffer from emotional distress. Otherwise, stalking charges may not apply.
Even with a reasonable person standard, proving that another person's emotional response is fake, unreasonable, or overblown can be challenging. If you are facing stalking charges, the best way to disprove claims of emotional distress is to find holes in their story regarding their initial reaction to the behavior. Unlike physical injuries, emotional distress doesn't leave a visible mark, and some may take advantage of this fact to exaggerate their emotional distress.
False Accusations of Stalking
Regardless of the truth of the matter, accusations of stalking can absolutely ruin someone's social life and professional career. With so much power in their hands, some people, unfortunately, decide that making false accusations is the best way to get ahead in life or hurt someone they dislike.
Whenever tensions are high, the potential for stalking accusations increases. In custody battles and high-stress divorces, some ex-spouses turn to false accusations to gain an advantage. However, stalking accusations can arise in any part of life, whether it's competition in the workplace or disputes between neighbors.
Updated New Jersey law provides more resources to victims of stalking than ever before. In many ways, these new laws are a great way to protect victims and prevent stalking from escalating to harm. But when someone maliciously uses the system, the accused has a tough time defending themselves and rebuilding their reputation.
If you are accused of stalking without merit, you have options available to clear your name and prevent long-term damage to your life, career, and standing in society. No one should be branded as a stalker without proof, and the Lento Law Firm Criminal Defense Team stands ready to represent you before it's too late.
Recent Updates To Stalking Laws in Burlington County
After voting on a legislative amendment in 2023, New Jersey changed its stalking laws in a few key ways in 2024. The primary changes to the law were:
- An update to the act's name, now called the Victim's Assistance and Survivor Protection Act.
- A loosening of requirements for obtaining a restraining order. Now, cyber harassment and stalking are grounds for a restraining order in New Jersey.
- The closing of a loophole commonly known as the 'stranger stalking' loophole. Before, without a previous relationship or related criminal conviction, someone could not obtain a restraining order against their stalker. After the update, victims have an easier time obtaining a restraining order against an alleged stalker regardless of their familiarity with each other.
As with most laws intended to protect victims, these updates seem welcome. But as we discussed, false accusations are always a risk, and these updates make it easier for someone to weaponize stalking accusations for personal gain. Without the need to establish a prior relationship, New Jersey courts may convict more and more innocent people.
The 2024 updates to New Jersey's stalking laws were a huge change to the previous system. If you are being accused of stalking, less strict requirements for restraining orders can paint you in a negative light before you have the chance to defend yourself. The Lento Law Firm Criminal Defense Team has remained informed and engaged throughout the update process, and we understand how these new laws factor into your defense. Contact our team today to protect your name in an increasingly hostile environment to those facing false accusations.
Stalking Penalties in Burlington County
Accusations of stalking can introduce stress and hardships to your life, but it's important to remember that a criminal conviction will negatively influence your life in a tangible and immediate way. By default, stalking in New Jersey is a crime of the fourth degree, and a Burlington County resident convicted of stalking can receive penalties including:
- Up to 18 months in prison
- Fines of $10,000
- Probation
- A criminal record
In certain circumstances, stalking can be a crime of the third degree, such as when the perpetrator:
- Stalks someone while serving a term of imprisonment, on parole, or probation, regardless of the state or jurisdiction in the county that convicted them.
- Stalks someone in violation of an existing court order
- Commits a second or subsequent stalking offense against the same person as before
When convicted of a crime of the third degree, penalties increase, with potential fines of up to $15,000 and three to five years in prison. To add insult to injury, stalking convictions in New Jersey also result in a permanent or final restraining order (FRO) issued against the perpetrator.
Preventing Criminal Records: Pretrial Intervention Program
Having a conviction on your permanent record means a harder time finding employment and reentering society. Even for first-time offenders with relatively minor offenses, leaving prison and returning to the workforce is a monumental task, as employers fail to see what value they can bring to a company. You should avoid convictions whenever possible, and some Burlington County residents may qualify for the Pretrial Intervention Program (PTI).
PTI is intended to help anyone, usually first-time offenders, who can likely avoid future criminal behavior by addressing underlying issues. Completing PTI means you won't have a criminal record due to your stalking charges, a massive win for your future.
The PTI program will last anywhere from six months to three years. During this time, you must work with counselors and monitors to prove that you have changed for the better and are no longer at risk of continuing your previous alleged behavior.
Despite being associated with first-time offenders, the requirements for PTI allow a wide range of New Jerseyans to enter the program. The eligibility criteria include:
- No previous enrollment in PTI or similar pretrial diversion programs in the U.S., including the Veterans Diversion Program.
- You haven't been charged with a non-criminal offense, municipal ordinance, or a disorderly person offense, except for domestic violence.
However, even if you are eligible, you are not guaranteed to enter PTI. As prosecutors have the power to bring cases in the first place, enrolling into PTI may require the approval of the Burlington County prosecutor.
Probation officers within Burlington County supervise and assist PTI clients through the program. The Burlington County probation office is located at:
Burlington County Superior Court and Court Facility
49 Rancocas Road - Mount Holly, New Jersey
Phone: 609-288-9500 ext. 38144
If you can secure enrollment after stalking charges in Burlington County, PTI is a fantastic option to avoid conviction. The Lento Law Firm Criminal Defense Team knows precisely how New Jersey's PTI system works, and we can assist you in weighing your options and enrolling in PTI if this path forward is in your best interest.
Restraining Orders
Due to 2024 updates to New Jersey law, stalking is a valid grounds for a restraining order, even if the victim and alleged perpetrator don't have an existing relationship. This provides genuine victims greater protection, but it also limits the accused's ability to interact with or be near their accuser.
New Jersey allows for two types of restraining orders:
- Temporary Restraining Orders (TRO)
- Permanent, or Final, Restraining Orders (FRO)
As the name suggests, TROs are short-term restraining orders that protect victims from potential harm while courts weigh the evidence. If a court agrees that a restraining order is needed or a criminal conviction warrants it, they will issue an FRO. In extreme or unique circumstances, individuals can file an emergency request for a restraining order to speed up the process.
Someone looking to file a restraining order can file it in the county where they live, where they are currently staying, or where the defendant lives. Defending yourself against a restraining order might mean appearing in court on the opposite side of the state.
Assuming the court issues a restraining order, county boundaries cease to matter. Active restraining orders apply throughout New Jersey, and restraining orders from other states are also valid within the state.
No one should face discrimination and setbacks across New Jersey just because false stalking allegations escalated into a restraining order. The Lento Law Firm can represent you in any court across New Jersey and help you defend your name and reputation.
Burlington County Court System
Different courts handle different levels of criminal offenses, and Burlington County, like the rest of New Jersey, uses the term indictable offenses instead of felonies. Within the county, the Burlington County Superior Court in Mount Holly oversees all indictable offense cases.
For third-degree or fourth-degree stalking crimes, your preliminary hearings will take place at one of Burlington County's municipal court locations. Actual trials occur at the Superior Court, and the Appellate Division of the Superior Court hears appeals.
But before your case ends up in a trial, it may be worth considering a plea deal. When you accept a plea deal, you forfeit your right to a trial and agree to a pre-determined punishment. In many cases, prosecutors reduce the actual crime to a lesser crime.
The most apparent benefit of a plea deal is the ability to secure a guaranteed outcome without risking your future in court. After a trial, your lawyers have minimal options to influence sentencing, as opposed to the negotiation process of plea deals.
However, plea deals also have serious drawbacks. Without going to trial, you can't clear your name. In addition, plea deals disallow you from filing an appeal, meaning you are locked into your choice, for better or worse.
Defending Against Stalking Accusations in Burlington County
Being accused of stalking in New Jersey has never been as dangerous as it is now. New Jersey recently updated their laws regarding stalking and restraining orders, placing innocent people in harm's way of overzealous protection orders. With more risk than ever and punishments that can affect the rest of your life, you need to take stalking allegations seriously to protect your future.
The Lento Law Firm Criminal Defense Team is prepared to fight back against unfair restraining orders and criminal charges stemming from false accusations. If you are in need, call us today at 888-535-3686 or fill out our confidential online form to get started on your defense.
