What qualifies as stalking in NJ?
§ 2C:12-10 defines stalking as: “A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.”
Does NJ have anti stalking laws?
Stalking is a criminal offense in New Jersey that is codified under N.J.S.A. 2C:12-10, which stipulates that a person must knowingly or purposely engage in a course of conduct directed at someone else that would cause a reasonable person to fear for his safety.
What is fourth degree stalking?
Stalking in the 4th degree: intentionally and with no legitimate purpose engages in conduct that s/he knows or should reasonably know: will cause reasonable fear of material harm to victim or member of victim’s immediate family or causes material harm to mental or emotional health of victim or member of victim’s …
What is harassment in NJ?
Harassment typically refers to continuing and unwanted communication to another person. Harassment is a criminal offense in New Jersey and it is governed by N.J.S.A. 2C:33-4, which provides that a person may not make communication in offensively coarse language or in any manner likely to cause annoyance or alarm.
How does a restraining order work in NJ?
The state of New Jersey protects domestic violence victims and certain other crime victims with protective orders, commonly known as restraining orders. A restraining order is a court-ordered document that can prohibit one person from contacting or coming within a certain distance of someone else for a set period.
Can a stalking charge be filed in New Jersey?
Stalking is one of the potential predicate acts of domestic violence in New Jersey. Stalking is a serious felony criminal charge in New Jersey but it can also be a predicate act of domestic violence in a civil restraining order matter filed in the Family Division of the Superior Court.
How to get a restraining order in New Jersey?
In New Jersey, there are two types of restraining orders: When you file a complaint for a restraining order, you can ask for a temporary ex parte restraining order (TRO) to be issued immediately. A judge can grant you a TRO if s/he finds that it is necessary to protect your life, health, or well-being.
What happens if a person is convicted of stalking?
Upon the conviction of stalking, the judge will likely issue a restraining order that restricts the perpetrator from coming within a specific distance of the victim or attempting to contact them. This includes by electronic means or through friends and family.
What happens if a judge denies a restraining order?
Generally, there is an “on call” municipal court judge who can issue you a TRO and schedule the court date for the final restraining order hearing. If a municipal judge denies you the TRO, you can re-file your petition in the Family Part of the Chancery Division of the Superior Court when the court reopens based on the same incident. 3