Charges of stalking can have severe consequences. Not only may it result in a criminal record, but it can also harm your reputation, strain personal relationships, hinder professional opportunities, and limit your time with your children. If you are facing stalking charges or a restraining order in Warren County, do not assume that the situation will resolve itself.
Even if you are innocent, the court may make mistakes, such as overlooking evidence or conducting incomplete investigations. That's why it's crucial to have a lawyer who will advocate for your rights and ensure that due process is followed. The Lento Law Firm Criminal Defense Team assists individuals throughout New Jersey in defending against criminal charges, including stalking. To reach us, complete our contact form or call us at 888-535-3686.
Stalking in Warren County
In the state of New Jersey, all counties, including Warren County, have laws regarding stalking. Stalking is defined broadly and covers a range of actions. The law states that 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.
For an action to be considered stalking, all of these elements must be present. However, any behavior that takes place during organized group picketing is not considered stalking. To better understand it, let's examine each aspect of the stalking definition.
Purposefully or Knowingly
Actions that are unintentional or accidental aren't stalking. To find you guilty of the crime of stalking, a prosecutor must prove that you acted with the intention of stalking someone.
Engages in a Course of Conduct
Stalking in Warren County and New Jersey covers a broad spectrum of actions and behaviors. It's not just following someone around—it also includes monitoring and tracking through digital means. It can also involve using a third party or devices to keep tabs on an individual. Other forms of stalking may include making threats, tampering with personal belongings, and persistently harassing the victim.
In New Jersey, stalking includes:
- Staying in someone's physical or visual proximity
- Using a third party to indirectly follow, monitor, observe, surveil, threaten, communicate to or about a person or interfere with someone's property
- Harassment
- Verbal or written threats
- Explicit or implicit threats through conduct or a combination of conduct and communication
Repeatedly
Stalking often involves a series of repeated actions that follow a specific pattern. It doesn't mean that each individual action is repeated, but rather that the overall behavior of following or monitoring someone consistently is present. Stalking also implies that the accused individual was aware of their actions on multiple occasions.
For example, if two individuals happen to be at the same coffee shop in Phillipsburg, and then coincidentally bump into each other at a bookstore in Hackettstown a few days later, and then see each other at a grocery store in Lopatcong a few days after that, it wouldn't be considered stalking. Neither person had intended to meet; so even if one person experiences emotional distress, the repeated encounters do not meet the criteria for stalking.
Emotional Distress
Emotional distress refers to actions or behaviors that cause significant mental suffering for an individual. The term is purposely broad, as people may react differently to stress and threats. The key factor is that the distress must be justified, meaning that a reasonable person would understand why someone's actions or conduct would cause fear or anxiety in another person.
When you're trying to disprove stalking, the primary challenge is showing that the reported emotional distress of the accuser is either baseless or not caused by your actions. It's typically more difficult to disprove emotional distress than physical harm. In certain situations, it may be necessary to demonstrate that the individual isn't being truthful about the events or their response to them.
A Flexible Version of the Truth
Some individuals may falsify or manipulate their actions and emotions. In cases of alleged stalking, this manipulation can be especially harmful. It's not as uncommon as you think for an accuser to twist the truth in order for someone to be charged with stalking.
This distortion of reality is commonly seen in custody battles, where one parent may falsely accuse the other of stalking or domestic abuse to obtain full custody. However, such false accusations can occur in any situation. For example, a graduate student may falsely accuse another of stalking to ruin their academic or professional career.
In certain circumstances, stalking charges may even arise from conflicts between coworkers or neighbors. While it's crucial to protect stalking victims, it can become problematic when certain individuals exploit these laws for their own gain, even if it means causing harm to others or causing emotional distress to the accused. When facing allegations of stalking, don't automatically assume that everyone is telling the truth. The Lento Law Firm Criminal Defense Team is dedicated to helping our clients protect their lives and futures in such situations.
Updated Stalking Laws in Warren County
In 2024, New Jersey implemented new laws regarding stalking. These updates include:
- Eliminating the "stranger stalking" loophole, making it easier for alleged victims to obtain a restraining order even if they don't have a prior relationship with the stalker. Previously, the order was limited to cases where there was a relationship or a related criminal conviction.
- Changing the name of the Sexual Assault Survivor Protection Act of 2015 to the Victim's Assistance and Survivor Protection Act.
- Expanding the reasons for obtaining a restraining order to include stalking and cyber harassment.
Advocates of these changes believe they'll provide better protection for stalking victims. However, some people express concerns about the broad scope of the new regulations and the potential for innocent individuals to face accusations, charges, and convictions. These changes serve as a reminder that the law isn't static. At the Lento Law Firm, our Criminal Defense Team stays informed about any proposed, imminent, or recent changes to the law and their potential impact on our clients. This way, we can provide you with a strong defense.
Warren County Stalking Penalties
Individuals who are proven to have engaged in stalking in Warren County may be convicted of either a fourth-degree or third-degree crime. It's not necessary to have a criminal conviction in order to obtain a restraining order, and these two matters can be addressed separately.
You might be convicted of stalking in the fourth degree if the prosecutor can demonstrate that your actions meet the criteria for stalking. The penalties for a fourth-degree conviction may include:
- A fine of up to $10,000
- A criminal record
- Probation
- A sentence of up to 18 months in prison
If the prosecutor can prove that you stalked someone despite an existing court order, committed multiple stalking offenses against the same person, or stalked someone while on parole or probation in New Jersey or another state, you may be convicted of a third-degree crime. The penalties for a third-degree conviction in New Jersey may include:
- A fine of up to $15,000
- A criminal record
- Probation
- A prison sentence of 3-5 years
In addition to these penalties, individuals convicted of stalking in New Jersey may also face a permanent or final restraining order (FRO).
Pretrial Intervention Program
Individuals who meet certain criteria may be considered for participation in the Pretrial Intervention Program (PTI). Upon meeting the requirements and being deemed eligible for PTI, there will be no record of the alleged stalking incident on your criminal record. The program lasts from six months to three years. The goal is to prevent future criminal behavior through counseling, supervision, and other services.
The eligibility for PTI is not limited to first-time offenders. However, there are some basic qualifications to be met, such as not previously enrolling in PTI or similar programs in the U.S., not being charged with disorderly persons or petty disorderly persons offenses (unless they involve domestic violence), and not being charged with municipal ordinances or other non-criminal offenses.
If the allegations involve domestic violence or violating a restraining order, the chances of being accepted into the PTI may be lower. In some cases, approval from the Warren County prosecutor may be necessary before applying, especially if there are prior convictions.
The PTI program is supervised by probation officers from the county. Warren County's probation office is located in Belvidere. The address is:
- 413 2nd St
- Belvidere, NJ 07823
- Phone: 908-750-8100 ext. 13960
If you have been charged with stalking and think you have a chance to join the PTI, contact the Lento Law Firm. Our team can determine if this program is the best option for you and help you apply for it.
Restraining Orders
Beginning in 2024, New Jersey residents can now obtain restraining orders against stalkers even if they have no prior relationship with them. These orders prohibit any form of contact or physical interaction with a specific person.
There are two types of restraining orders available in New Jersey: Temporary Restraining Orders (TROs) and Permanent or Final Restraining Orders (FROs). In some cases, an emergency restraining order can also be requested.
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 granted if the evidence supports it or if the accused has a criminal conviction.
Defendants in New Jersey have three options when filing for a restraining order:
- In their own county
- Where the accused lives
- Where the victim is currently staying, such as a shelter
You should know that the restraining order hearing may not take place in your county of residence. While the order may be issued in a specific county, it applies throughout New Jersey and the entire United States. Additionally, New Jersey upholds and enforces restraining orders from other states.
It's crucial to defend yourself against accusations of stalking or other behaviors that could result in a restraining order, as it will remain in effect regardless of your location.
Restraining Orders and the Warren County Prosecutor's Office
The Domestic Violence Unit at the Warren County Prosecutor's Office is in charge of handling Temporary Restraining Orders (TROs). It is their duty to remove the accused from their home, address child custody matters, and seize any weapons as mandated by the TRO.
Even if you're accused of stalking, you still have rights that must be respected, such as protection against unjust or unconstitutional warrants or searches. If you're facing stalking charges or have a restraining order against you, it's vital to have a lawyer who will fight for your rights. The Criminal Defense Team at Lento Law Firm is dedicated to ensuring that your rights are protected throughout the entire legal process.
Warren County Court System
Warren County, like all counties in New Jersey, classifies felonies as indictable offenses, and stalking is considered an indictable offense. The Warren County Superior Court has jurisdiction over all cases involving indictable offenses.
If you're charged with stalking, your preliminary hearing may take place at one of the municipal court locations within the county. If your case proceeds to trial, it will be heard at the superior court in Belvidere. If you're convicted, your lawyer can file an appeal with the Appellate Division of the Superior Court.
Plea bargains are an alternative to going to trial in Warren County. In this scenario, you agree to plead guilty to a lesser charge with an agreed-upon penalty. You're not obligated to accept a plea deal and have the right to proceed to trial if you choose.
A plea deal may be a beneficial option for your case, but it ultimately depends on the specifics of your situation. One advantage is that your legal team can have a say in the sentencing, but a drawback is that you forfeit the right to appeal if you agree to a plea deal.
Defend a Stalking Charge in Warren County with the Lento Law Firm
If you've been charged with stalking or are facing a restraining order in Warren County, the Criminal Defense Team at the Lento Law Firm can help. Call us at 888-535-3686 or fill out our contact form to schedule a consultation.
