Like many states around the country, New Jersey is constantly reviewing outdated laws and updating them to address modern issues. One recent update changed how New Jersey courts view stalking offenses and restraining orders, placing those accused of stalking at greater risk.
Gloucester County residents charged with stalking routinely face reputational damage and an ever-present risk of prison time. Successfully protecting your name and avoiding a criminal conviction is possible, but it isn't always easy without guidance from experienced stalking defense attorneys who know the local legal landscape.
The Lento Law Firm Criminal Defense Team understands what you are going through and how damaging criminal stalking charges can be. Contact us today through our website or call 888-535-3686 to learn how we can assist in clearing your name and preventing a conviction.
Stalking in Gloucester County
Stalking in Gloucester County follows the same legal standards as the rest of New Jersey. According to New Jersey law, stalking occurs if someone:
- Purposefully or knowingly engages in a course of conduct
- Directs those acts at a specific person
- Cause a reasonable person to fear for their safety or the safety of others or suffer emotional distress as a result
Even if something appears to be stalking at first glance, it must match these criteria to rise to the level of criminality.
Purposefully or Knowingly
To secure a conviction for stalking, the prosecution must prove that the defendant acted with intent. In essence, the accused must have knowingly engaged in the behavior directed at the alleged victim. If there was no intent or awareness of the repeated contact, the alleged behavior should not be classified as stalking.
Course of Conduct
Stalking isn't one singular behavior. While the familiar understanding involves a dangerous stalker following someone down a dark road or alleyway, that isn't what most stalking victims endure in the modern age. Under New Jersey law, stalking behaviors include:
- Harassing someone
- Maintaining close visual or physical proximity
- Using any method or device to follow, monitor, observe, surveil, threaten, or communicate with someone
- Making written or verbal threats, either explicit or implied
- Interfering with someone's property
When repeated and directed at someone, these actions establish a pattern that constitutes stalking.
Repeatedly
A single incident of unwanted behavior does not meet the legal threshold for stalking. Instead, the behavior must be part of a repeated course of conduct. Simply encountering someone by chance multiple times does not suffice, as it must be shown that these interactions were intentional and directed toward the victim.
For example, if someone repeatedly shows up at a victim's workplace, home, or other frequent locations without a legitimate reason, it can contribute to the pattern necessary for a stalking charge. However, even showing up at someone's workplace one time may be considered stalking if previous acts, such as online harassment or threats, preceded the in-person contact.
Prosecutors aim to demonstrate that these repeated interactions were deliberate attempts to harass or intimidate the victim rather than coincidental encounters. If the accused did not intend for these interactions to happen, or if they were genuinely coincidental, the stalking charge may not hold.
Emotional Distress
Emotional distress, under New Jersey law, involves significant mental suffering or anguish caused by another's actions. Victims of stalking may react in a variety of ways, but their emotional response must be understandable and justifiable to an average person in similar circumstances. One of the ways that defense attorneys assist clients accused of stalking is by investigating the accuser's emotional response to the alleged stalking incidents to see if their story has changed over time.
Stretching the Truth and False Accusations of Stalking
Society tends to judge first and look at the facts much later, if ever at all. Even before a conviction, stalking allegations have the potential to seriously harm someone's personal and professional life. Given this opportunity, bad actors can use accusations to inflict harm on others, knowing they can benefit in some way from the damage done to whoever they accuse.
During high-stress situations such as custody disputes or divorces, false stalking claims can become a tactic to manipulate outcomes. Stalking accusations can result in restraining orders and criminal convictions, which put someone on the back foot during separation negotiations. While common in family matters, false accusations can also arise in competitive work environments or conflicts between two people.
Regardless of why your accuser is telling lies or fabricating details, defending your name from false allegations should be a top priority to reduce long-term damage to your life. The Lento Law Firm Criminal Defense Team can help prevent the situation from spiraling out of control before you have the opportunity to defend yourself.
Changes to New Jersey Stalking Laws
In 2024, New Jersey amended its stalking laws following a legislative amendment passed in 2023. These updates brought about several changes to the previous law:
- The act was renamed the Victim's Assistance and Survivor Protection Act.
- Cyber harassment and stalking were added to the existing valid grounds for seeking a restraining order.
- The 'stranger stalking' loophole was closed. Victims can now obtain restraining orders regardless of prior familiarity with the alleged stalker.
Victims struggling under the old law now have more options to protect themselves, but these protections also come at a price. Even if the accused has never actually seen the victim in real life, allegations of online stalking may be enough to warrant a restraining order. With a lower threshold for obtaining restraining orders, some may exploit the system for personal vendettas.
If you are accused of stalking, these updates to New Jersey law may provide you fewer chances to defend yourself before courts intervene. A restraining order isn't a criminal conviction, but the two often go hand in hand. The Lento Law Firm has closely followed these changes and understands their implications for New Jersey defendants' legal options. Our Criminal Defense Team is prepared to defend and protect the rights of Gloucester County residents struggling in this new landscape.
Stalking Penalties in Gloucester County
If stalking accusations come your way, your primary goal should be to prevent them from resulting in a criminal conviction. Short-term reputational damage is repairable, but a criminal conviction can fundamentally change your life.
In New Jersey, stalking is typically classified as a fourth-degree crime. If convicted, a Gloucester County resident may face:
- Up to 18 months in prison
- Fines up to $10,000
- Probation
- A permanent criminal record
Under certain conditions, stalking charges escalate to a third-degree crime. This can occur if the accused:
- Engages in stalking while serving a term of imprisonment, on parole, or on probation, regardless of the state or jurisdiction where the original conviction occurred
- Violates an existing court order while committing the act of stalking
- Commits additional stalking offenses against the same victim
A third-degree stalking conviction carries harsher penalties, upgrading to:
- Fines up to $15,000
- Prison terms ranging from three to five years
In addition, convictions automatically result in courts issuing a permanent restraining order against the defendant, one of two types issued in New Jersey.
Restraining Orders in New Jersey
The recent updates to New Jersey law made stalking a valid ground for obtaining a restraining order and expanded the ability for alleged victims to seek restraining orders. Even though a conviction can result in a court order, victims can also seek court assistance outside the criminal justice system. Despite this difference in approach, the results can be just as devastating and limiting on the accused's rights.
New Jersey courts issue two types of restraining orders:
- Temporary Restraining Orders (TROs): Courts issue short-term orders to protect victims from potential harm while the court reviews the evidence. TROs are typically issued quickly to provide immediate relief or safety to victims.
- Final Restraining Orders (FROs): Courts will issue an FRO if they determine that a long-term order is necessary to protect a victim, either because of evidence submitted to them or a criminal conviction.
In certain situations, individuals can file an emergency request for a restraining order to expedite the process, but this can obviously leave defendants without much opportunity to respond. Plaintiffs can file in the county where they live, where they are currently staying, or where the defendant resides. Once again, this provides more options to alleged victims but may put up roadblocks for anyone trying to defend themselves from false accusations.
Once a restraining order is issued, it is enforceable throughout New Jersey, regardless of county boundaries. Additionally, New Jersey recognizes and enforces restraining orders from other states and jurisdictions. Anyone dealing with restraining orders in New Jersey should work with attorneys with the experience and ability to represent clients in any courtroom, whether local to Gloucester County, other parts of the state, or elsewhere in the country.
If you are dealing with the consequences of a restraining order, trying to take on the system alone may lead to even more issues down the line. The Lento Law Firm Criminal Defense Team can assist whenever restraining orders threaten to complicate your life or make it difficult to rebuild your reputation after accusations.
Preventing a Conviction Through The Pretrial Intervention Program
The best way to stop stalking charges from ruining your life or leading to restraining orders is to prevent a conviction from appearing on your criminal record in the first place. New Jersey's Pretrial Intervention Program (PTI) provides an opportunity to avoid a conviction in court and limit its lasting consequences. This program focuses on rehabilitation by addressing the root causes of criminal behavior through counseling, supervision, and other supportive services.
PTI is aimed primarily at first-time offenders, but anyone meeting the requirements can apply. Eligibility requirements for PTI include:
- No previous enrollment in PTI or similar diversionary programs
- No charges for non-criminal offenses, municipal ordinances, or minor disorderly persons offenses, except for domestic violence cases
However, acceptance into PTI is not guaranteed and may require approval from the county prosecutor, especially for violent charges or those involving violations of protective orders.
The program's length varies from six months to three years, during which participants must attend counseling sessions, complete community service, or comply with various court orders. After successfully completing the program, enrollees avoid criminal convictions and can continue to reap the benefits of a clean criminal record.
PTI isn't the best choice in all circumstances, and acceptance into the program isn't guaranteed for all who meet the broad requirements. The Lento Law Firm Criminal Defense Team can help you decide if this program provides the best long-term results for your situation.
Gloucester County Court System
New Jersey classifies serious crimes as indictable offenses, similar to felonies in other states. Cases involving indictable offenses, including stalking, are typically handled by Superior Courts within each county. If you are charged with a third-degree or fourth-degree stalking offense and go to trial, it will occur at the Gloucester County Superior Court in Woodbury.
Municipal courts handle minor offenses and the initial stages of criminal proceedings, including arraignments and preliminary hearings. These are interspersed throughout the county, including in Deptford Township, Glassboro, and Logan Township.
Plea Deals
Before proceeding to trial, one option to consider is a plea deal. Accepting a plea deal means agreeing to a predetermined punishment and waiving your right to a trial. Initially, this may not sound like a great idea, but plea deals often result in reduced charges and sentences. Additionally, they provide a guaranteed outcome and help you avoid the uncertainties of a trial.
However, plea deals have significant drawbacks that you should discuss with your attorneys. You cannot appeal your conviction in the future, so anyone confident they have evidence on their side may want to fight in court instead of agreeing to charges. Attorneys will negotiate for favorable terms, but even a favorable plea deal will require you to plead guilty to some level of charges. The Lento Law Firm Criminal Defense Team has represented thousands of clients throughout the United States, and we can help you decide whether a plea deal is fair and acceptable given the facts of your case.
Defending Against Stalking Accusations in Gloucester County
With the stakes higher than ever in New Jersey, anyone accused of stalking should prioritize defending against allegations with a strong defense and the help of experienced attorneys. The Lento Law Firm is dedicated to helping Gloucester County residents fight against unjust restraining orders and unfounded criminal charges that threaten their future and freedom.
Our Criminal Defense Team is ready to begin working on your defense. Call us today at 888-535-3686 or contact us through our confidential consultation form to get started.
