Stalking is a serious offense – and being charged with it carries very grave repercussions. It's not only about the criminal record but about the subsequent issues that could cause in your life, including in your personal relationships, as well as the damage it could inflict to your reputation.
New Jersey revised its stalking laws in 2023 with the stated intention to better protect victims. However, as detractors of the new laws have pointed out, the problem with those revisions is that they made the definition of the conduct too broad, which risks a lot more innocent people being charged and having to go through the criminal process.
Protecting victims should always be the first and most important goal of laws, but that protection shouldn't come at the expense of innocents, and laws that aren't specific enough and that are open to being misinterpreted often don't make the general public safer. Instead, they risk hurting people's lives, and in turn, that affects society at large.
If you are facing stalking charges or a restraining order in Morris County, never assume things will just turn out the way you want them to, and that common sense will prevail, or evidence will be taken into account. The Lento Law Firm Criminal Defense Team can advocate for you and protect your due process rights. We have worked with individuals throughout New Jersey to defend them from various criminal charges, including stalking. Call us at 888-535-3686 or contact us using this form to schedule a consultation.
Stalking in Morris County
New Jersey's stalking laws apply statewide. The definition of stalking is wide-reaching and includes a variety of behaviors and actions. For example, stalking occurs when someone “purposefully or knowingly engages in a course of conduct” that is “directed at a specific person” and “acts in a way that would cause a reasonable person to fear for their safety or a third person's safety or cause other emotional distress.”
All those elements need to be present for a stalking conviction, though the state does include activities or actions that occur during organized group picketing. Breaking down the definition is important to determine what makes stalking such a serious issue and why the conduct cannot be considered stalking unless all three elements are present.
Purposefully or Knowingly
Stalking never happens by accident. This is an important distinction. Stalking requires a decision from someone who knows or plans to follow someone else. Prosecutors must be able to prove that an individual knew what they were doing in order for someone to be found guilty of stalking.
Course of Conduct
Stalking isn't just following someone in the dark. The ideas about what constitutes stalking have broadened in the last few years, and there are many activities and behaviors that qualify as stalking not just in Morris County but in New Jersey. That includes the following behaviors and conduct:
- Maintaining visual or physical proximity to someone
- Using third parties or other methods to indirectly
- Follow
- Monitor
- Observe
- Surveil
- Threaten
- Communicate to or about a person
- Interfere with someone's property
- Harassing a person
- Conveying verbal or written threats
- Through conduct or a combination of conduct and communication, threatening someone, whether it be explicitly or implicitly
Repeatedly
Perhaps the most important element to take into account when it comes to stalking is repetition. For a conduct to be considered stalking, it needs to be a pattern of activity. That doesn't exactly mean the same exact conduct has to be repeated, but that within the range of conducts that are considered stalking, there's a pattern of monitoring or following someone, and that this is a conduct the person engaged in knowingly.
This means that if two people run into each other in the same bagel shop in Morristown a couple of times a week, and then the next week they run into each other at a coffee show in Dover, and a bookstore in Madison, if neither person intended to run into each other, this doesn't constitute stalking, despite the repetition. This is true even if one of the parties claims emotional distress.
Emotional Distress
If the term emotional distress, or the actions that can cause someone significant mental suffering or distress, feels vague, it's because people respond very differently to stress, so it's very hard to accurately legislate this topic. However, one important thing to consider when evaluating the emotional distress caused is that the response must be reasonable, meaning that an average person has to be able to understand why one person's action or behavior could cause another person to feel unsafe.
Showing that someone's emotional distress is unreasonable or unrelated to someone's specific conduct can be a challenge, as emotional distress is typically much harder to disprove than physical injuries. But the response still has to fall within the realm of what's reasonable.
A Flexible Version of the Truth
Victims of stalking should be protected. Unfortunately, there are cases where people lie or exhibit exaggerated behaviors. An allegation of stalking can cause a great deal of damage to a person's reputation and their relationships, which is why it might sometimes be used as a tool to hurt someone.
One such example is in cases of child custody, where one parent might accuse the other of stalking to get sole custody. However, it could also occur in disputes between neighbors, coworkers, or exes.
Supporting victims should never come at the expense of hurting others. If you are accused of stalking, don't assume that things are going to be okay or that the truth will protect you. The Lento Law Firm Criminal Defense team can help you get the due process you deserve to protect your reputation and your future.
Updates to Stalking Laws in Morris County
Changes to the New Jersey stalking laws were approved in 2023. Those revisions went into effect in 2024. The main parts of the updated laws introduce the following changes:
- Made it easier for alleged stalking victims to get a restraining order, even without a pre-existing relationship with the alleged stalker, which the previous laws required.
- Renamed the Sexual Assault Survivor Protection Act of 2015 the Victim's Assistance and Survivor Protection Act
- Added cyber harassment and cyber stalking to the list of conducts that constitute stalking
Laws cannot be fixed, particularly in an ever-changing world. Proponents of these changes believe they will help better protect stalking victims. There were, however, concerns about how broad the terms in the updated laws were and how the lack of definitions for some things would result in more allegations, charges, and convictions of innocent people.
The Lento Law Firm Criminal Defense Team keeps up to date on the law in New Jersey and in Morris County, not just when it comes to stalking, but all criminal matters. We can advise you on what the best decision to make is If you're being accused of stalking and how to better defend yourself.
Morris County Stalking Penalties
People convicted of stalking in Morris County can either be convicted of a crime in the fourth-degree or a crime in the third-degree. The degrees work exactly how they sound, with the fourth being less severe than the third. The penalties will vary depending on whether the conviction is a crime in the fourth degree or a crime in the third degree. A criminal conviction isn't necessarily required for a restraining order, and the two issues can be handled separately.
Any crime considered a misdemeanor under the New Jersey Criminal Code and not specifically addressed is considered a crime in the fourth degree. The potential penalties for a fourth-degree conviction are:
- $10,000 in fines
- A charge on your criminal record
- Probation
- Up to 18 months in prison
Crimes of the third degree, meanwhile, are felonies considered middle-ground offenses. When it comes to stalking, the difference between fourth-degree and third-degree might come if the stalking occurred despite a preexisting court order, there are multiple offenses, or the person accused of stalking is on parole or probation, for example. The potential penalties for a third-degree conviction are:
- $15,000 in fines
- A charge on your criminal record
- Probation
- Prison time for a period between three and five years
Additionally, anyone convicted of stalking in New Jersey will have a permanent or final restraining order (FRO) issued against them.
Pretrial Intervention Program
New Jersey, and specifically Morris County, has a Pretrial Intervention Program (PTI). The program centers on counseling and supervision, with the intention of preventing future criminal activity. It lasts anywhere from six months to three years and has a series of conditions, which must all be completed to successfully finish the program.
The basic eligibility criteria for the program includes:
- Not being previously enrolled in a PTI program or a similar program in the U.S, including the Veterans Diversion Program
- Never being charged with a disorderly person or petty disorderly person offense
- Never being charged with a municipal ordinance or other non-criminal offense
If previous charges involve domestic violence, individuals are unlikely to qualify for the program. Depending on previous convictions, some people may require approval from the Morris County prosecutor before applying for the PTI program. All of those who do qualify, however, won't have a criminal record from the alleged stalking incident.
PTI clients are supervised by County probation officers. The probation office in Morris County is located in the Morris County Civil Courthouse.
The court's contact information:
Washington and Court Streets
Morristown, New Jersey
862-397-5700
If you or a loved one are facing stalking allegations and you believe you are eligible for PTI, contact the Lento Law Firm Criminal Defense Team. We can advise you on your case and help you determine if PTI is the best option for you.
Restraining Orders
The new stalking laws in New Jersey specify that individuals can file stalking-related restraining orders in the state without the need for a relationship with the alleged stalker. These restraining orders can be filed either in the county where the defendant lives, the plaintiff lives, or where the plaintiff is temporarily staying.
A restraining order limits a person's ability to communicate or be in physical proximity to another person. There are two types of restraining orders in New Jersey:
- Temporary Restraining Orders (TRO), which are issued for a short period of time to protect the alleged victim and give the court time to consider the evidence.
- Permanent or Final Restraining Orders (FRO), which are issued mostly when there is a criminal conviction.
Even if a specific county files a restraining order, however, that restraining order will not just be active in the county, but throughout New Jersey and the United States. Similarly, the state will recognize and enforce restraining orders from other states.
A restraining order filed against you is the kind of thing that will follow you, which is why it's important to defend yourself and not just trust that things will work out. The Lento Law Firm Criminal Defense Team can help make sure you know your rights at all times and that you have a plan in place to protect yourself.
Morris County Court System
Morris County uses the term indictable offenses rather than felonies, and stalking qualifies as an indictable offense. All cases that involve indictable offenses are handled by the Morris County Superior Court.
The process for those charged with stalking involves a preliminary hearing at one of the county's municipal court locations. If a case goes to trial, it then moves to the superior court in Morristown. After that, if found guilty, defendants and their legal team can file an appeal with the Appellate Division of Superior Court.
Plea Deals in Morris County
You don't have to go to trial. You can always accept a plea deal, which typically means agreeing to a lesser charge, including a penalty of some kind. But you also cannot be forced to take a plea deal unless you want to.
There are both advantages and disadvantages to a plea deal, the most important advantage being that your legal team has a say in sentencing. That won't be the case if your case goes to trial. The biggest disadvantage is that there is no appeal. But whatever choice you make, you don't have to make these decisions alone. The Lento Law Firm Criminal Defense Team can advise you on what is best for you and be by your side every step of the way.
Protect Your Future
A stalking conviction could mean not just jail time and thousands of dollars in fines but considerable damage to your reputation and your relationships.
If you or a loved one are facing stalking charges or a restraining order, the Lento Law Firm Criminal Defense Team can help. Contact us using this form or by calling us at 888-535-3686.
