Being accused of stalking can have serious consequences. It not only carries the possibility of a criminal record but also damages your reputation, impacts personal relationships, ruins career opportunities, and can even decrease the time you're allowed to spend with your children.
If you are facing stalking charges or a restraining order in Union County, don't assume you can do nothing, and the matter will just go away on its own. Even if you're completely innocent, the court can still make errors, like overlooking evidence and conducting unthorough investigations. If you're in this situation, it's vital to have a lawyer who will advocate for your rights and ensure due process is followed. The Lento Law Firm Criminal Defense Team works with individuals throughout New Jersey to defend them against criminal charges, including stalking. To contact us, fill out our contact form or call us at 888-535-3686.
Stalking in Union County
Stalking laws in New Jersey apply to every county, including Union County. The definition of stalking is wide-ranging, including a variety of behaviors. According to New Jersey law, stalking happens 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.
Each of these elements must be present for behavior to be considered stalking. Any behavior that occurs at organized group picketing isn't considered stalking.
Let's look at each part of the definition of stalking to break it down further.
Purposefully or Knowingly
Unintentional or accidental actions can't be considered stalking. If a prosecutor wants to find you guilty of stalking, they must prove that you knew what you were doing.
Engages in a Course of Conduct
Stalking in Union County and New Jersey encompasses a wide range of activities and conduct. While the conventional notion of stalking involves a person being pursued in a dimly lit alley, New Jersey's definition includes both physical and digital monitoring. Any act of hiring a third party or using a device to track someone is considered stalking. It can include communicating with or making threats towards the victim, tampering with their belongings, or engaging in persistent harassment.
Behaviors that are considered stalking in New Jersey are:
- Maintaining visual or physical proximity to someone
- Using third parties or other methods or devices to indirectly follow, monitor, observe, surveil, threaten, communicate to or about a person, or interfere with someone's property
- Harassing a person
- Conveying verbal or written threats
- Threatening someone explicitly or implicitly through conduct or a combination of conduct and communication
Repeatedly
In most cases, stalking involves repeated actions and follows a certain pattern. It doesn't necessarily mean that each individual action is repeated, but rather that the overall behavior of following or monitoring someone is present. It also implies that the accused individual was aware of their actions on multiple occasions.
For instance, if two people happen to be at the same coffee shop in Elizabeth for several days and then coincidentally run into each other at a bookstore in Union and a grocery store in Linden, this does not constitute stalking as long as neither person has intended to meet. Even if one person claims emotional distress, the repeated encounters do not qualify as stalking.
Emotional Distress
Emotional distress refers to behaviors or actions that result in significant mental suffering or distress for an individual. The term is intentionally vague, as people may respond differently to stress and threats. The crucial factor is that the distress must be reasonable, meaning that a typical person would understand why one's actions or behavior would cause another person to feel afraid or anxious.
When facing charges of stalking, the main challenge is proving that the other person's reported emotional distress is unfounded or not related to your actions. It's generally more challenging to disprove emotional distress than physical injuries. In some cases, it may be necessary to demonstrate that the individual isn't being truthful about the events or their reaction to them.
A Flexible Version of the Truth
Unfortunately, there are people who may fabricate or distort their actions or feelings. It can be particularly damaging when it comes to allegations of stalking, as some may manipulate the truth to falsely accuse someone of stalking them.
This twisting of the truth is commonly seen in child custody cases, where one parent may falsely accuse the other of stalking or domestic violence in order to gain sole custody. However, such false accusations can occur in any situation. For instance, a graduate student may falsely accuse another of stalking in an attempt to ruin their career.
In some cases, a stalking charge may even arise from a dispute between coworkers or neighbors. While it's important to protect stalking victims, it can be problematic when some individuals exploit these laws for their own benefit, even if it means causing harm to others or causing emotional distress to the accused. When faced with accusations of stalking, it's important not to simply assume that everyone is always being truthful. The Lento Law Firm Criminal Defense Team is committed to helping our clients protect their lives and futures in such situations.
Updated Stalking Laws in Union County
New stalking laws in New Jersey went into effect in 2024. The most important updates to be aware of are:
- Closing the “stranger stalking” loophole: It's now easier for alleged stalking victims to get a restraining order as they don't need to have an existing or prior relationship with their alleged stalker. Previously, restraining orders were limited to stalkers and victims who had a relationship or if there was a related criminal conviction.
- Renaming the act: The Sexual Assault Survivor Protection Act of 2015 is now the Victim's Assistance and Survivor Protection Act.
- Expanding grounds for a restraining order: Stalking and cyber harassment are now grounds for a restraining order.
Advocates of these modifications argue that they will offer improved protection for victims of stalking. However, some people have reservations about the modified regulations, citing their broad scope and potential for increased accusations, charges, and convictions of innocent individuals.
These changes are a reminder that the law isn't a static entity. At The Lento Law Firm, our Criminal Defense Team stays updated on proposed, imminent, and recent amendments to the law and their potential impact on our clients.
Union County Stalking Penalties
Individuals found guilty of stalking in Union County may face either a fourth-degree or third-degree crime conviction. It's not necessary to have a criminal conviction to obtain a restraining order, and these two issues can be dealt with separately.
You can be convicted of a fourth-degree crime if the prosecutor can prove that your actions have met the requirements for stalking. Penalties for fourth-degree conviction include:
- $10,000 in fines
- A charge on your criminal record
- Probation
- Up to 18 months in prison
You can be convicted of a crime of the third degree if the prosecutor proves that:
- You stalked someone despite an existing court order
- You've committed multiple stalking offenses against the same person
- You stalked someone while serving a term of imprisonment or while on parole or probation in New Jersey or any other state or as a result of a federal conviction
The penalties for a third-degree conviction in New Jersey are:
- $15,000 in fines
- A charge on your criminal record
- Probation
- 3-5 years' prison time
In addition to these penalties, you'll have a permanent or final restraining order (FRO) issued against you if you're convicted of stalking in New Jersey.
Pretrial Intervention Program
Certain individuals may be eligible for the Pretrial Intervention Program (PTI). Upon fulfilling the requirements and being deemed eligible for PTI, there will be no record of the alleged stalking incident on their criminal record. The program has a duration of six months to three years and requires clients to fulfill all of its conditions. The program aims to prevent future criminal behavior through counseling, supervision, and other services.
You don't have to be a first-time offender to qualify for the PTI. You just have to meet the basic eligibility criteria:
- You haven't previously enrolled in PTI or any similar programs in the U.S.
- You haven't been charged with a disorderly persons or petty disorderly persons offense (unless the charge involves domestic violence)
- You haven't been charged with a municipal ordinance or other non-criminal offense
If the allegations against you are focused on domestic violence or violating a restraining order, you're less likely to qualify for the PTI. You may also need approval from the Union County prosecutor before applying, especially if you have previous convictions.
The PTI program is supervised by county probation officers. The Union County probation office is located at the Union County Courthouse:
103 S. Second Street
Lewisburg, PA 17837
Phone: 570-524-8741
If you've been accused of stalking and think you might be eligible for the PTI, call the Lento Law Firm. Our Criminal Defense Team can determine if this program is the best option for your situation.
Restraining Orders
Starting in 2024, New Jersey residents have the option to seek restraining orders for stalking without having a previous relationship with the alleged stalker. These orders restrict any form of communication or physical contact with a specific individual.
There are two main types of restraining orders available in New Jersey: Temporary Restraining Orders (TRO) and Permanent or Final Restraining Orders (FRO). In some cases, individuals may also request an emergency restraining order.
TROs are typically granted for a short period of time to protect the alleged victim and allow the court to review the evidence. A FRO may be issued if the evidence supports it or if there is a criminal conviction involved.
Where can defendants file for restraining orders in New Jersey? They have three options:
- Filing where the defendant lives
- Filing where the accused lives
- Filing where the plaintiff is staying temporarily, including in a shelter
Defendants should take note that a restraining order hearing may not take place in their county of residence. Although a specific county may issue the order, it holds jurisdiction throughout New Jersey and the entire United States. In addition, New Jersey upholds and enforces restraining orders from other states.
It shows just how important it is to defend yourself against accusations of stalking or other actions that could lead to a restraining order, as it will remain in effect regardless of your location.
Restraining Orders and the Union County Sheriff's Office
In Union County, the Family Violence Unit of the Sheriff's Office handles TROs. It's this unit's responsibility to remove accused persons from their residences, satisfy child custody issues, and confiscate weapons in accordance with TROs.
Even if you're facing stalking allegations, you still have rights that shouldn't be disregarded, including protection against warrants or searches that are overly broad or unlawful. If you've been charged with stalking or are subject to a restraining order, it's crucial to have someone who will defend you. The Criminal Defense Team at Lento Law Firm ensures that your rights are upheld throughout the entire legal process.
Union County Court System
Like all counties in New Jersey, Union County refers to felonies as indictable offenses—and stalking is an indictable offense. Union County Superior Court handles all cases involving indictable offenses.
If you're charged with stalking, you may have a preliminary hearing at one of the county's municipal court locations. If your case goes to trial, then it moves to the superior court in Elizabeth. If you're found guilty, your attorney can file an appeal with the Appellate Division of Superior Court.
Plea Deals in Union County
Instead of going to trial, you may be able to accept a plea deal. It involves you agreeing to a lesser charge and with an agreed-upon penalty. You cannot be forced to accept a plea deal, and you have the right to go to trial if you wish.
A plea deal may be the best option in your situation—but it depends on your case. One advantage is that your legal team has a say in sentencing, but one downside is that you can't appeal if you accept a plea deal.
Defend a Stalking Charge in Union County
If you're facing stalking charges or a restraining order in Union County, the Lento Law Firm can help. Our Criminal Defense Team can guide you through the criminal process and understand your options. Call us at 888-535-3686 or fill out our contact form to schedule a consultation.
