Few things can ruin someone's reputation more than accusations of stalking. When someone accuses you, every aspect of your life, from your career to personal relationships, is put on hold. The impacts are even more severe if those allegations result in restraining orders or criminal charges.
Recent updates to New Jersey law have been criticized for increasing the likelihood of false allegations. Individuals accused of stalking in Monmouth County must take immediate action to protect their future before they lose their rights and freedom.
The Lento Law Firm Criminal Defense Team has represented hundreds of New Jersey residents facing criminal charges or hardships due to allegations of stalking. Contact our team today at 888-535-3686 or reach out online to learn how we can help.
Stalking in Monmouth County
New Jersey's statewide stalking law had three primary components used to determine whether a behavior is stalking. According to the state, stalking occurs when an individual:
- Purposefully or knowingly engages in a course of conduct.
- Directs their behavior at a specific person.
- Acts in ways that cause a reasonable person to suffer emotional distress, fear for their safety, or fear for the safety of someone else.
Reading that definition may still leave you confused, but each part is a specific angle for defense your attorneys can use to disprove the allegations. Never try to defend yourself from accusations of stalking without the help of experienced attorneys with experience representing those accused in New Jersey.
Here is a closer look at each part of the law's definition:
- Purposefully or Knowingly: Stalking cannot be accidental behavior. Prosecutors must show that someone accused of stalking knew what they were doing or intended to commit certain behavior.
- Course of Conduct: New Jersey has identified many different behaviors and conduct that may classify as stalking when taken in its totality. This includes harassing a person, communicating or conveying threats, or maintaining physical or visual proximity to someone. The law also broadly mentions any direct or indirect method of following, monitoring, surveilling, observing, threatening, communicating to or about someone, or interfering with their property.
- Repeatedly: Stalking is not simply a one-time act; behavior must be repeated to be classified as stalking. However, the law's definition can apply if specific behaviors happen only once. For example, following someone, surveilling them, and then attempting to contact them may be stalking despite being three separate, one-time behaviors.
- Emotional Distress: According to New Jersey, a reasonable person should understand why certain behaviors can cause emotional distress for the state to classify it as stalking. Emotional distress refers to significant mental suffering or distress, which may mean different things to different people. Defending against this part of the law often requires identifying lies or mistruths about the alleged victim's initial emotional response.
Prosecutors must tie all these aspects of the law together to prove that stalking occurred successfully. Alleging an instance of bad behavior isn't enough, and the Lento Law Firm can defend your name by highlighting where the prosecution falls short.
False Accusations
Most people have an idea in their heads of what stalking looks like, but it can take many forms, both online and in person. As a result, individuals looking to falsely accuse someone of stalking have many opportunities to do so.
False accusations can manifest from messy breakups, workplace or school competitions, or simple disagreements and arguments. When stalking accusations can lead to immense reputational damage and potential for criminal charges, the temptation is too much for some to resist.
Don't let false accusations spiral out of control. Contact the Lento Law Firm to get ahead of allegations and present the truth to those accusing you of stalking.
Updates To Stalking Laws in Monmouth County
Legislative changes to New Jersey stalking laws made in 2023 went into effect in January 2024 that may affect those accused of stalking in the state. There were three key changes to the law:
- A new name, the Victim's Assistance and Survivor Protection Act.
- An expansion of the grounds for filing a restraining order to include stalking and online behavior or harassment.
- Updates to the law to close the "stranger stalking" loophole. As opposed to previously, alleged stalking victims can now obtain restraining orders without a previous relationship with their alleged stalker and without the need for a related criminal conviction.
These changes came about due to concerns that victims of stalking in New Jersey needed additional protections to keep them safe. However, remember that expanded rights for alleged victims often come at the cost of the rights of those accused of crimes.
Some critics of the law worry that broad definitions and more options for obtaining restraining orders will increase false accusations and convictions of innocent New Jersey residents. As time goes on, even newer laws may follow the trend and put anyone accused of stalking at serious risk without much opportunity to defend themselves.
The Lento Law Firm understands how frightening it can be to face false accusations, especially when unfamiliar new laws change the rules. Our Criminal Defense Team is well-informed about all legislative updates and can use this knowledge to defend you from accusations of stalking.
Monmouth County Stalking Penalties
Stalking convictions in Monmouth County result in a conviction of a crime in the fourth degree or a crime of the third degree. Without a criminal conviction, it is still possible for someone to acquire a restraining order alleging stalking, though a conviction may assist plaintiffs.
If behavior matches all elements of stalking according to New Jersey law, prosecutors will aim for a conviction of a crime of the fourth degree. These convictions carry severe penalties, including:
- $10,000 in fines
- Up to 18 months in prison
- Probation and charges on your criminal record
Extenuating circumstances may worsen these punishments and place you at greater risk. Notably, prosecutors will charge you with a crime of the third degree if the stalking behaviors:
- Were committed against a victim who you previously committed a similar stalking offense
- Occurred despite a court order
- Occurred while you were in prison or on parole or probation in New Jersey, another part of the county, or as a result of federal crimes and convictions
Due to its new classification, penalties for stalking crimes of the third degree increase as follows:
- An increase in fines to $15,000
- An increase in prison time to between three and five years
- A more serious conviction on your criminal record
After a judgment of conviction for stalking, the defendant will also have a permanent or final restraining order (FRO) issued against them. While there are limited grounds to appeal a New Jersey restraining order, it is much simpler and often more effective to prevent a conviction in the first place.
New Jersey's Pretrial Intervention Program
One option available to those accused of stalking in Monmouth County is enrollment in New Jersey's Pretrial Intervention Program (PTI). After completing PTI and fulfilling its conditions, enrollees do not have a criminal recordin the state.
PTI isn't available for everyone, and it isn't as simple as enrolling and waiting for the program to end. Over the course of six months to three years, those in the program must meet all conditions, such as mandatory supervision and counseling, drug and alcohol evaluations, random drug screening, and community service.
In New Jersey, you cannot apply to PTI if:
- You were previously enrolled in PTI.
- You were previously enrolled in a diversionary or alternative-to-conviction program, including the Veterans Diversion Program, due to charges in another state or federal court.
- Your charges are a disorderly or petty disorderly persons offense, except in cases involving domestic violence.
- Your charges are a municipal ordinance or non-criminal offense.
You may also require the approval of the Monmouth County prosecutor to apply for PTI. For example, if you have an indictable offense conviction in New Jersey or a similar felony conviction in another part of the country, it is a requirement to include this info on your application. Current charges involving domestic violence and violations of restraining orders also lower your chances of acceptance into PTI.
Failing to comply with PTI conditions will lead to removal from PTI and the harsh reality that you once again face prosecution. To help participants in PTI, county probation officers supervise PTI clients through their enrollment. Monmouth County's Probation Department can be found and contacted at:
2407 NJ-66
Ocean, NJ 07712
Phone: 732-358-8700 ext. 87344
If you are interested in PTI, the next step is determining your eligibility. First-time offenders have a good chance of securing enrollment, while anyone with a criminal record may face challenges. Appealing a denial to PTI must occur within ten days of receiving notice, and working with an attorney increases your chances of successfully enrolling in the program.
The Lento Law Firm can assist in determining PTI eligibility and enrolling in the program if it can avoid a stalking conviction in Monmouth County. Call our Criminal Defense Team today to learn if PTI suits your situation.
Restraining Orders in Monmouth County
Due to updates in the law, those in New Jersey seeking a restraining order against someone in the state can now successfully file for stalking behavior and offenses. Importantly, this is possible without a previous connection between plaintiff and defendant and without the need for a criminal conviction.
Having a restraining order issued against you will limit your ability to approach, be near to, or communicate with someone, sometimes without the opportunity to rebut the allegations. In New Jersey, courts issue two types of restraining orders:
- Permanent, or Final, Restraining Orders (FRO)
- Temporary Restraining Orders (TRO)
When courts order a TRO, they typically do so to protect victims from harm while looking closer at the case details. If they feel it is warranted, they will issue a FRO in its place later. They may also grant emergency requests from filers in certain circumstances.
Someone requesting a restraining order has the option of filing in the county:
- Where they live
- Where they are temporarily staying
- Where the defendant lives
If you reside in Monmouth County, a filing all the way in Salem or Sussex County can threaten your future. Restraining orders are valid statewide, and New Jersey also recognizes restraining orders from outside the state.
Criminal convictions of stalking can increase the risk of restraining orders and vice versa. The Lento Law Firm has defended the name of many New Jerseyans as they go through this stressful process and can help you, too.
Monmouth County Court System
The Monmouth County Superior Court in Freehold handles all indictable offenses in the county, the equivalent to felonies in most other states. As an indictable offense, stalking charges to go to trial occur at this location, with the option for appeal through the court's Appellate Division.
Before going to trial, you may have the option to accept a plea deal. Plea deals typically allow defendants to receive lesser charges and punishment in exchange for waiving their right to trial and accepting a predetermined penalty. While not the best option for all, it provides some control over the outcome of your charges.
Plea deals can give your defense attorneys more power over your future as they negotiate on your behalf. If you decline a plea deal, your punishment after a guilty verdict is often harsher than what you otherwise could have received. However, unlike convictions at trial, plea deals don't allow for appeals.
Protecting Your Future in Monmouth County
Restraining orders and criminal convictions will continue to impact your life far into the future. If you are accused of stalking, defending yourself from the allegations will help save your reputation, protect your freedom, and limit damage to your professional or educational prospects.
The Lento Law Firm Criminal Defense is ready to help when you face false accusations. Call us today at 888-535-3686or contact us online to get started on your defense.
