Domestic Violence Attorneys in New Jersey
Stalking/Threatening
Stalking or threatening harm to an individual in New Jersey, by doing things like repeatedly and willfully watching, harassing, or following her, can be considered a crime. If convicted, you could face jail time, fines, loss of professional reputation and prestige, strict probation, restraining orders and numerous other penalties.
What constitutes stalking/threatening?
Here is a brief but obviously not comprehensive list of behaviors:
- Using surveillance devices, like GPS, spyware, phone tapping, or even binoculars, to watch an individual
- Leaving messages, sending emails, making phone calls, or dropping off notes or letters persistently to a victim
- Waiting outside a victim's home, neighborhood, or place of work
- Defaming the victim's character
- Searching for information from the victim in places like the trash or personal records
- Breaking and entering into the victim's private home, vehicle, or place of work
- Sending so-called "gifts," such as a candy, flowers, romantic notes, etc.
- Stalking while in the company of others – so-called gang stalking
- Cyber stalking – using online media, such as the web, to target a person, harass him or her, and follow his or her activities
A 2009 US Department of Justice report found that around 14 out of 1,000 people ages 18 years old or older get stalked on average once every year. Nearly a quarter of the victims reported cyber stalking. And three-quarters of victims knew the stalker. The US National Center for the Victims of Crime has reported that approximately 1 out of every 12 women and 1 out of every 45 men will experience stalking. This means that more than 1 million women and 380,000+ men will be stalked every year.
What defenses you can claim?
Defendants can assert that their behavior was misinterpreted. For instance, if you left a bouquet of roses for a woman at your office, and she then accused you of stalking her, you can argue that the roses were not meant in any way to be threatening. Alternatively, you can challenge the accusations on a factual basis. For instance, if an ex-girlfriend claims that you've been stalking her by driving past her apartment every night or lurking outside her workplace, you can conclusively demonstrate that you were not there at the times that she said you were. In some cases, perhaps a mental illness or emotional disturbance, even a previously undiagnosed, or misdiagnosed one, drove you to act inappropriately; in this case, your attorney can ask the court to show sympathy and provide therapy or alternative sentencing instead of harsher penalties, like jail time and fines.
Often, stalking/threatening cases turn on "he said, she said" arguments. In other words, the court will have to decide whether the accused is telling the truth or the accuser is telling the truth.
Building a sturdy and strategic defense
Look to the domestic violence attorneys in New Jersey at Lependorf & Silverstein to come up with your best defense strategy. The Central New Jersey stalking defense lawyers have the skills and track record to deliver the knowledgeable representation you need. Call the offices now at 609-240-0040, or contact us online, to learn more about your rights and responsibilities under New Jersey law.