Stalking Criminal Defense in Cape May County

Stalking charges carry serious criminal penalties that can bring immediate and long-lasting damage to your personal and professional reputation. Additionally, stalking allegations and charges in Cape May County will likely affect your family, your children, and potentially the contact you have with those you love most. In 2023, New Jersey amended its stalking laws to promote added victim protections, but there is a downside to the statewide revisions as the broader definition places more innocent people at risk than ever.

For Cape May County residents facing stalking charges or their effects—restraining orders, pretrial interventions, altered child custody agreements—don't assume the court will look at every part of a case in order to absolve you. Criminal proceedings may not consider all evidence associated with your defense, and without professional help, a judge is likely to hand down the following:

  • Jail sentences
  • Exorbitant fines
  • Restraining orders

The Lento Law Firm Criminal Defense Team is well-known in Cape May County and throughout New Jersey for working with individuals accused of stalking and other criminal charges. You need an experienced team of advocates who will uphold your right to due process and ensure that you have a fair trial, including exercising every means of redress to protect your reputation, family, and career. To begin your defense, call us now at 888-535-3686 or visit our confidential online consultation form, and we will reach out to you.

Stalking in Cape May County

Allegations and charges of stalking in Cape May County are handled by local law enforcement and prosecutors, but the laws are the same in every municipality statewide. The state uses a wide-reaching definition of stalking that includes a variety of behaviors and actions. Stalking occurs when an individual “purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.”

Course of conduct means “repeatedly maintaining a visual or physical proximity to a person, directly, indirectly, or through third parties” in any of the following manners:

  • Following
  • Harassing
  • Monitoring
  • Observing
  • Surveilling
  • Threatening (verbal or written)
  • Interference with personal property
  • Communicate to or about a person

To be convicted of stalking, Cape May County prosecutors must argue that the accused engaged purposefully and knowingly in repeated courses of conduct; those actions would make a reasonable person fear for their safety, and the actions caused the accuser emotional distress.

New Jersey dictates that stalking is a crime in the fourth degree, meaning the maximum punishment is imprisonment for up to 18 months and a $10,000 fine. However, if an individual violates an existing court order, is convicted of a second offense, or is on parole, the charge is raised to a third-degree offense, which may include a maximum punishment of three to five years imprisonment and a fine of up to $15,000.

Those accused may also be convicted for stalking instances that happened in the past. New Jersey maintains a five-year statute of limitations for criminal charges.

Updates to Stalking Laws in Cape May County

In 2023, the New Jersey legislature approved changes to the state's stalking laws, which went into effect in 2024. Among the primary updates of the laws are the following:

  • Eliminating the “stranger stalking” loophole.
  • Expanding restraining order eligibility to those with no prior relationship.
  • Allowing a restraining order to include cyberstalking and online harassment.

Proponents of these changes believe stalking victims are better protected. Yet, others claim the updates are too broad and will result in allegations, charges, and convictions of more innocent people.

Examples of Stalking

While there is a broad definition of stalking, it doesn't happen by accident. Generally, it's a substantiated pattern of activity, but that doesn't mean that each action occurs multiple times but that, in total, a pattern of following or monitoring someone (or other behaviors associated with stalking) emerges. Moreover, it means that the accused knew they were following, monitoring, or committing another course of conduct.

For instance, if two people run into each other at the same post office in Woodbine, the same grocery store in Stone Harbor, and then the same coffee shop in Ocean City over the course of a few days, it's a pattern of behavior. However, if neither person intended to run into the other, it isn't considered stalking, even if one person claims emotional distress.

Emotional distress is intended to be ambiguous because people respond differently to stress and threats, but for a conviction, it must be viewed as a reasonable response. For example, the average person must agree on why the accuser was distressed. If two people run into each other in a Dennis Township restaurant, and one gives the other a small toy rubber duck, and the other is stricken with emotional distress, the Cape May County court will likely see that as unreasonable regardless of how out of the ordinary it is.

Critically, the traditional view of stalking someone seen following another person down an alley at night is becoming a notion of the past. With New Jersey's revision to include cyberstalking, online actions are far more scrutinized. Therefore, using a device to track someone—such as a smartphone application that shares one's location, can be counted as stalking. But cyberstalking is usually less invasive. A series of comments on someone's social media—if proven to have the intent to cause emotional distress—is grounds for stalking charges.

Unfortunately, some people may exaggerate or lie about behaviors or emotions and use New Jersey's strict stance on stalking against someone for gain, such as om situations like the following:

  • A parent accuses another parent of stalking to get sole child custody.
  • A coworker alleges stalking to ruin another's opportunity for promotion.
  • A neighbor accuses another of stalking to alter their reputation in the area.

Stalking allegations can arise over any disagreement or altercation. Given the damage criminal charges can bring, it's essential to contact the Lento Law Firm Criminal Defense Team. We understand how to argue against unreasonable claims of emotional distress, point out repeated behaviors from coincidences, and ensure you have every chance to tell your side of the story.

Pretrial Intervention Program

All stalking charges are handled at the Cape May County Courthouse at 9 N. Main Street. Some individuals may qualify for the Pretrial Intervention Program (PTI), which lasts from six months to three years, depending on the charges involved. PTI provides counseling, supervision, and other services intended to prevent re-offense.

Individuals are monitored by the Cape May County Probation Office throughout the duration of the PTI program. Fortunately, the program is available to more than first-time offenders, and eligibility is as follows.

  • No previous enrollment in PTI or any similar programs nationwide, including the Veterans Diversion Program.
  • No previous disorderly persons or petty disorderly persons offenses.
  • No previous municipal ordinance or civil charges.

Those who are eligible for PTI and have completed the conditions will avoid a criminal record from the alleged incident. However, individuals are unlikely to qualify if they have prior charges related to domestic violence or for violating a restraining order.

Restraining Orders

Restraining orders limit a person's ability to communicate or be in physical proximity to a specific person. There are two primary types of restraining orders in New Jersey:

  • Temporary Restraining Orders (TRO): Usually issued for a short period of time to protect the alleged victim before and during court proceedings
  • Permanent or Final Restraining Orders (FRO): Issued after evidence indicates such an action is warranted or if it results from a certain criminal conviction at the sentencing hearing.

As of 2024, individuals can file for stalking-related restraining orders in New Jersey. They don't have to have a relationship with the alleged stalker to file, and in certain situations, they may also file an emergency request. Individuals can file for a restraining order in the county where the accuser (plaintiff) or the accused (defendant) lives or where the plaintiff is staying temporarily, such as in a shelter.

For defendants, this potentially means that a restraining order hearing won't be in their county of residence. While a specific county issues a restraining order, it's active throughout New Jersey and the rest of the country. Likewise, New Jersey recognizes and enforces restraining orders from other states.

Cape May County Criminal Court Proceedings

Instead of a trial, some defendants may be offered a plea deal from Cape May County prosecutors. Defendants will usually agree to a lesser charge for an agreed-upon penalty, which has both upsides and drawbacks. For instance, the biggest advantage of a plea deal is that your legal representation can advocate for better terms during the sentencing hearing, which isn't the case if a trial proceeds and you're found guilty. However, a disadvantage is that once a defendant accepts a plea deal, they waive their right to appeal.

If the matter goes to trial, both the defense and prosecution initiate proceedings by outlining their case in opening statements. They go on to present evidence and call upon witnesses with relevant information about the stalking charges, with opportunities to cross-examine. Then, both sides readdress their positions through closing arguments, leading to the eventual verdict. If the charges are substantiated, a separate sentencing hearing is scheduled.

Consequences of Convictions

In New Jersey's Cape May County, individuals are convicted of either a crime of the fourth degree or a crime of the third degree for stalking. Critically, a criminal conviction isn't required for a restraining order, and the two matters may be handled separately.

As mentioned above, when a prosecutor substantiates the charges through elements such as a course of conduct, repeated behavior, and inflicting emotional distress, the following are potential penalties:

  • Fourth-degree stalking: Up to 18 months imprisonment and $10,000 in fines.
  • Third-degree stalking: Three to five years imprisonment and up to $15,000 in fines.

In addition, anyone convicted of stalking in New Jersey will have a FRO issued against them. The order will include various stipulations to prevent re-offense and provide victim relief. Some standard provisions include the following:

  • Contact Bans: Prohibition from contacting the victim in any form, including meeting in person or communicating through phone calls, texts, emails, or third parties. Orders may include the victim's family members and others named in the FRO.
  • Residency Constraints: Requirements to stay away from the victim's home, workplace, school, or any other place regularly frequented by the victim. FROs can specify a certain distance that the defendant must always maintain from the victim.
  • Weapons Restrictions: Surrendering any weapons and a ban on purchasing or possessing firearms in the future.
  • Mandated Counseling: Attending counseling or treatment programs for behavioral issues related to stalking charges, such as substance abuse or anger management.

In cases involving parties that share children, the FRO can include temporary custody arrangements, often granting sole custody to the victim. Even if visitation is permitted, it may be required to be supervised to ensure the safety of the victim and children. Additionally, the FRO can include conditions for child or spousal support payments.

The order includes provisions that authorize law enforcement to enforce it, and the order is typically entered into a statewide registry, ensuring immediate action if it's violated. A FRO remains in effect indefinitely unless modified or dismissed by the court. Either party can request modifications to the FRO, but such changes require court approval.

The Lento Law Firm Will Protect Your Future

Being charged with stalking will change the way you live your life immediately. You are confronted with the tarnishing of your reputation, strained family and personal relationships, and the potential for jail time. Even if you believe you've been wrongfully accused, navigating your defense alone is unwise. Instead, retain a team ready to defend you now.

The Lento Law Firm Criminal Defense Team stands prepared to deploy a strong defense that emphasizes your due process and the opportunity to clear your name. If you're facing stalking charges or restraining orders in Cape May County, we can help. Call the Lento Law Firm Contact at 888-535-3686, or visit us online.

​​​Contact The Lento Law Firm Today

When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

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