STALKING—N.J.S.A. 2C:12-10
If you’ve been charged with violation of 2C:12-10, you are facing possible exposure to jail time up to 5 years, criminal record, and fines up to $15,000.00. I have been practicing law for 26 plus years and have handled may criminal cases. I can help you avoid possible conviction, jail time, criminal record, max fines. Call me today at (732)-337-7922 for an evaluation of your circumstances, and vigorous and competent defense.
EXAMPLE OF WHAT CONDUCT CONSTITUTES THE OFFENSE:
You are currently on probation for conviction of violation of N.J.S.A. 35:10(a)(5), e.g., simple possession of cocaine for personal use. Your “on again—off again” girlfriend of ten years “dumped” you a few months ago because you snapped and beat her severely. Ever since you have repeatedly followed her when she leaves the house to walk to the store and you have repeatedly been standing outside in front of her house when she is in the house—angrily glaring at her. Also residing in the house is her mother and her twelve year old daughter from a prior marriage. On two occasions she has mustered the courage to tell you to “leave her alone” and both times you have threatened to kill her and her “butt-in-ski” mother. Have you just committed a serious crime?
STALKING DEFINED
a. “As used in this act:
(1) “Course of conduct” means repeatedly maintaining a visual or physical
proximity to a person or repeatedly conveying, or causing to be conveyed,
verbal or written threats or threats conveyed by any other means of
communications or threats implied by conduct or a combination thereof
directed at or toward a person.
(2) “Repeatedly” means on two or more occasions.
(3) “Immediate family” means a spouse, parent, child, sibling or any other
person who regularly resides in the household or who within the prior six
months regularly resided within the household.
b. 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 bodily injury to himself or a member of his
immediate family or to fear the death of himself or a member of his immediate
family.
c. A person is guilty of a crime of the third degree if he commits the crime of stalking
in violation of an existing court order prohibiting the behavior.
d. A person who commits a second or subsequent offense of stalking against the same
victim is guilty of a crime of the third degree.
e. A person is guilty of a crime of the third degree if he commits the crime of stalking
while serving a term of imprisonment or while on parole or probation as the result
of a conviction for any indictable offense under the laws of this State, any other
state or the United States.
f. This act shall not apply to conduct which occurs during organized group picketing.”
CONVICTION FOR STALKING, PERMANENT RESTRAINING ORDER—N.J.S.A. 2C:12-10.1
a. “A judgment of conviction for stalking shall operate as an application for a
permanent restraining order limiting the contact of the defendant and the victim
who was stalked.
b. A hearing shall be held on the application for a permanent restraining order at the
time of the verdict or plea of guilty unless the victim requests otherwise. This
hearing shall be in a Superior Court. A permanent restraining order may grant the
following relief:
(1) An order restraining the defendant from entering the residence, property,
school, or place of employment of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim.
(2) An order restraining the defendant from making contact with the victim,
including an order forbidding the defendant from personally or through an agent from initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim, the victim’s employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.
c. The permanent restraining order entered by the court subsequent to a conviction for stalking as provided in this act may be dissolved upon the application of the
stalking victim to the court which granted the order.
d. Notice of permanent restraining orders issued pursuant to this act shall be sent by
the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police, and any other appropriate law enforcement agency or court.
e. Any permanent restraining order issued pursuant to this act shall be in effect
throughout this State, and shall be enforced by all law enforcement officers.
e. A violation by the defendant of an order issued pursuant to this act shall constitute
An offense under subsection a. of N.J.S.A. 2C:29-9 and each order shall so state. Violations of these orders may be enforced in a civil or criminal action initiated by the stalking victim or by the court, on its own motion, pursuant to applicable court rules. Nothing in this act shall preclude the filing of a criminal complaint for stalking based on the same act which is the basis for the violation of the permanent restraining order.”
TEMPORARY RESTRAINING ORDER FOR ALLEGED STALKING—N.J.S.A. 2C:12-10.2
a. “In any case involving an allegation of stalking where the victim is a child under the age of 18 years or is developmentally disabled as defined in section 3 of P.L.1977, c.200 (C.5:5-44.4) or where the victim is 18 years of age or older and is mentally defective as defined in N.J.S. 2C:14-1, the court may issue a temporary restraining order against the defendant which limits the contact and the victim.
b. The provisions of subsection a. of this section are in addition to, and not in lieu of,
the provisions of section 3 of P.L.1966, c. 39 (C.2C:12-10.1) which provide that a
judgment of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim.
c. The parent or guardian of the child or the person described in subsection a. of this
section may file a complaint with the Superior Court in conformity with the rules
of court seeking a temporary restraining order against a person alleged to have
committed stalking against the child or the person described in subsection a. of
section. The parent or guardian may seek emergency, ex parte relief. A decision
shall be made by the judge regarding the emergency relief forthwith. If it appears
that the child or the person described in subsection a. of this section is in danger of
being stalked by the defendant, the judge shall issue a temporary restraining order
pursuant to subsection e. of this section.
d. A conviction of stalking shall not be a prerequisite for the grant of a temporary
restraining order under this act.
e. A temporary restraining order issued under this act shall limit the contact of the
defendant and the child or the person described in subsection a. of this section who
was stalked and in addition may grant all other relief specified in section 3 of P.L.
1966, c. 39 (C.2C:12-10.1).
f. A hearing shall be held in the Superior Court within 10 days of the issuance of any
temporary restraining order which was issued on an emergency, ex parte basis. A
copy of the complaint shall be served on the defendant in conformity with the rules of court. At the hearing the standard for continuing the temporary restraining order shall be by a preponderance of the evidence.
g. If the court rules that the temporary restraining order shall be continued, the order
shall remain in effect until either:
(1) the defendant is convicted of stalking, in which case the court shall hold a
hearing on the issue of whether a permanent restraining order shall be
entered pursuant to section 3 of p.l.1996, c. 39 (C.2C:12-10.1); or
(2) the victim’s parent or guardian or, in the case of a victim who has reached
the age of 18, the victim, requests that the restraining order be dismissed
and the court finds just cause to do so.”
The answer to the question is YES. You have committed at least a fourth degree crime under section b., punishable, if convicted, by monetary fines of up to $10,000.00, plus jail time of a minimum of one (1) year up to eighteen (18) months, plus a criminal record. If convicted for a third degree crime, your exposure is monetary fines of up to $15,000.00, jail time of a minimum of three (3) years and a maximum of five (5) years. In addition, the victim could also successfully obtain a permanent restraining order against you.
This is nothing to mess around with. If you have been charged with stalking, you need to retain the services of a skilled and experienced attorney immediately to protect your interests and obtain a downgrade of the charges or acquittal. Please contact me for help at (732)-337-7922.
