Stalking, Harrassment and Restraining Orders

stalking-1Engaging in a course of conduct aimed at a particular person which causes that person to directly or indirectly fear for their safety or cause emotional distress, is stalking.

Stalking is somewhat broadly defined unwanted or obsessive  attention usually by an individual  toward another person. Stalking behaviors are related to harrassment and intimidation  and may include following the victim in near-proximity, sometimes in view, or otherwise filming, photographing or monitoring them usually from a distance, sometimes without the victim knowing.

Under NJ law, the ‘course of conduct’ can be proved by showing that you committed the conduct on more than one occasion, regardless of whether you did it personally or through another person, regardless of whether you did it in person or used any means (think technology) to conduct the surveillance or to follow the victim. If the stalking is in violation of a Restraining Order, you can be charged with both the criminal act of stalking and with criminal contempt of the Order, and each conviction increases the likelihood of a prison sentence upon conviction.

Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102

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