Being charged with stalking in New Jersey can have serious legal consequences, even more so since 2023, when the state renamed the act that covers stalking offenses and revised its stalking laws. Effective January 1, 2024, the changes expand protections for victims by allowing them to obtain restraining orders against alleged perpetrators even if there is no relationship between the two, allowing victims to request a restraining order even if the alleged perpetrator has not yet been criminally convicted of stalking them; and adding cyber-harassment to the list of acts that qualify for a restraining order.
While the changes to New Jersey's stalking laws have the laudable goal of offering greater projection for victims, there can be cases where alleged victims stretch the truth or an alleged perpetrator unknowingly crosses the line into illegal behavior because they were unaware that the laws have changed. Being charged with stalking or named in a restraining order, even if you are not convicted, can cause upheaval in your life and potentially affect your personal relationships and career. And if you are convicted of stalking—a crime of the third or fourth degree—you face possible prison time and fines.
The Lento Law Firm Criminal Defense Team has defended individuals throughout New Jersey facing criminal charges—including stalking—and they will use their experience and knowledge to help you if are facing charges of stalking. Contact us using this form or by calling us at 888-535-3686.
Updates to New Jersey Stalking Laws Apply to Hunterdon County
Effective January 1, 2024, New Jersey Legislature Bill S1517 became effective: The Sexual Assault Survivor Protection Act (SASPA) of 2015 was renamed the Victim's Assistance and Survivor Protection Act (VASPA), and its scope and the protections it offers were greatly expanded. New or expanded aspects of VASPA regarding stalking and restraining order requirements include the following:
Prior Relationship No Longer a Requirement – The “stranger stalking” loophole, which required that the stalker and victim have a previous relationship or the presence of a related criminal conviction before the victim could obtain a restraining order, has been closed.
List of Qualifying Acts for a Restraining Order Expanded – Grounds for a restraining order now include stalking and cyber-harassment, such as flooding the victim with comments on their social media posts or hacking their email account.
Protection for Minors Added – Criminal complaints can be filed on behalf of minors who are victims of stalking or cyber-harassment.
How New Jersey Defines Stalking
New Jersey laws regarding stalking under VASPA apply to all twenty-one counties, including Hunterdon County. VASPA provides definitions for stalking and the three elements that characterize it and must be present for a conviction. (However, New Jersey law excludes any activities or actions that occur during organized group picketing.) In short, stalking in New Jersey is defined as repeated, purposeful actions directed at a specific person that would cause a reasonable person to fear for their own safety or that of a third person or suffer other emotional distress.
These three elements must be present for a conviction for stalking:
Perpetrator Engages in a Course of Conduct – When someone repeatedly maintains visual or physical proximity to a person, directly or through a third party, and commits a series of two or more qualifying acts over time, indicating a continuity of purpose, this meets the definition of “course of conduct.” Qualifying acts include the following:
- Following, monitoring, observing, surveilling a person
- Communicating to or about a person
- Interfering with a person's property
- Repeatedly harassing a person
- Repeatedly conveying or causing to be conveyed written or verbal threats to a person
The Perpetrator Acted with Purpose (Intent) - To justify a conviction, prosecutors must be able to substantiate that the alleged perpetrator knew what they were doing and what the likely outcome would be.
The Victim's Fear is Reasonable – Conduct defined as stalking under New Jersey law “would cause a reasonable person to fear . . . for their own safety or the safety of a third person or suffer other emotional distress.” While there are variations in the ways different individuals respond to the same type of threat, the “reasonable person” test applies what the average person would consider threatening as the standard.
Possible Legal Repercussions for Stalking in the Hunterdon County Court System
Facing accusations of engaging in behavior in Hunterdon County that meets the definition of stalking under New Jersey law can have one or more serious legal consequences, including being served with a restraining order or facing charges for stalking.
Restraining Orders for Stalking in Hunterdon County
In Hunterdon County and throughout New Jersey, a restraining order, also known as a personal protection order, is issued by the court to protect the petitioner (plaintiff) from possible harm from the person the petitioner names as defendant in the order. As with restraining orders covering other circumstances, restraining orders issued in cases of stalking prohibit the defendant from communicating with or being in close physical proximity to the plaintiff.
Details of guidelines for defendants may include barring them from visiting the plaintiff's workplace or trying to contact the plaintiff. The restraining order may also require that the defendant undergo counseling or a mental health evaluation. The two primary types of restraining orders in New Jersey are Temporary Restraining Orders (TRO) and Permanent, or Final, Restraining Orders (FRO). A TRO helps victims who believe they are under immediate danger or threat until a FRO can be put in place.
Individuals seeking a restraining order can file for it in the county where they live or in the county where the perpetrator lives or is staying temporarily, including in a shelter. A restraining order issued in Hunterdon County, or any other New Jersey county, is active throughout New Jersey and the United States. New Jersey recognizes and enforces restraining orders from any other state in the country. This emphasizes the importance of vigorously defending yourself against allegations of stalking or other behavior that may provide cause for a restraining order.
Temporary Restraining Orders and the Hunterdon County Prosecutor's Office
The Office of Victim Witness Advocacy in the Hunterdon County Prosecutor's Office handles applications for Temporary Restraining Orders. On weekdays, victims can file a domestic violence complaint at the Domestic Violence Unit of the Superior Court/Family Division. Any time that Superior Court is closed, a victim can file for a TRO at their local police department. If the judge finds grounds to issue a TRO, the police serve the TRO on the defendant, who must immediately avoid contact with the victim. A final restraining order (FRO) hearing is scheduled within ten days; both plaintiff and defendant must attend.
If you face stalking accusations or have a restraining order against you, you need experienced legal counsel to protect your rights. The Lento Law Firm Criminal Defense Team can help throughout the process.
Criminal Charges and Conviction for Stalking in Hunterdon County
As throughout New Jersey, crimes in Hunterdon County are classified as disorderly persons offenses or indictable offenses rather than “misdemeanors” and “felonies.” In New Jersey, stalking is an indictable offense. The Hunterdon County Superior Court handles all cases that involve indictable offenses.
If you are charged with stalking in Hunterdon County, you may have a preliminary hearing at one of the county's several municipal court locations. Cases that go to trial move to the Superior Court in Trenton. Defendants who are found guilty can file an appeal with the Appellate Division of Superior Court.
Pretrial Intervention Program
In some cases, individuals charged with stalking in Hunterdon County who are first-time offenders qualify for the New Jersey Pretrial Intervention (PTI) program. Eligible defendants who complete the mandated rehabilitative steps will have the stalking charges against them dismissed and will not have a criminal record.
The PTI program seeks to rehabilitate first-time offenders by addressing their underlying issues. Rehabilitative steps include community service, restitution payments, drug testing, counseling, etc. An individual offender's program can last anywhere from a few months to a few years.
The PTI program is open to defendants who were over the age of eighteen when the alleged crime was committed or any juvenile being tried as an adult. The strongest candidates for the PTI program include offenders who have no prior criminal record, are considered non-violent offenders, are deemed unliked to be repeat offenders, and whose offense had no aggravating factors such as injury to the victim or the use of a weapon.
Hunterdon County probation officers supervise the county's PTI clients. The Hunterdon County probation office, which also serves Somerset and Warren Counties, is in the Somerset County Courthouse.
The court's contact information
P.O. Box 3000
Somerville, New Jersey 08876-1262
Phone: 908-332-7700, ext. 13760
If you're facing stalking allegations and believe you might be eligible for the PTI program, contact the Lento Law Firm Criminal Defense Team as soon as possible; the State of New Jersey recommends that you apply for PTI as soon as possible after your arrest, preferably before any indictments are handed down. We can help you determine if PTI is the best option for you.
Plea Deals
In some cases, a plea deal is the best option for a defendant charged with stalking. For example, acquittal may be unlikely because of the strength of the evidence, or the defendant may prefer the opportunity to have a say in sentencing, or they may not want to risk being found guilty of a more serious charge. While agreement from the victim in your case on the plea bargain is not required, victims do have some rights, including being consulted on and informed about the negotiation, as well as the opportunity to submit a statement on the impact the crime had on them. It is important to remember, however, that once a plea deal has been accepted, the defendant cannot appeal. The knowledgeable Lento Law Firm Criminal Defense Team can help you review your options and make the best decision for your case.
Penalties for Conviction of Stalking in Hunterdon County
In New Jersey, stalking is classified as either a crime of the third degree or a crime of the fourth degree. The behavior must meet the definition of stalking described above to warrant conviction of at least a fourth-degree offense. If additional circumstances, such as violation of an existing court order or commission of a second offense against the same victim, exist, stalking can be elevated to a third-degree offense.
Third-Degree Conviction for Stalking in Hunterdon County
Penalties for a third-degree conviction for stalking include a charge on your criminal record, up to $15,000 in fines, a prison sentence of three to five years, and probation.
Fourth-Degree Conviction for Stalking in Hunterdon County
Penalties for a fourth-degree conviction for stalking include a charge on your criminal record, up to $10,000 in fines, up to eighteen months in prison, and probation.
The Lento Law Firm Criminal Defense Team Will Help Your Protect Your Future
Prosecutors and judges in New Jersey do not treat stalking charges lightly, and it is important to have an experienced criminal defense attorney represent you against such charges. A stalking conviction can have devastating consequences on your life, including the possibility of years in prison or thousands of dollars in fines. Even a lesser penalty can affect your reputation, career prospects, and future.
If you've been served with a restraining order for stalking or face stalking charges, the Lento Law Firm Criminal Defense Team can help. We have the experience and knowledge that you need to formulate the appropriate defense strategy. We will assist you in navigating the criminal process, and we will help you understand your options. To learn why the Lento Law Firm Criminal Defense Team is the right choice to help you fight your stalking charge, contact us using this form or by calling us at 888-535-3686.
