Legal Question in Criminal Law in New Jersey

From what I understand according to the NJ stalking statute stalking is a crime of the fourth degree but becomes a crime of the third degree if perpetrated multiple times against the same person, while on probation or parole from being convicted of stalking or if under a court order prohibiting stalking and as a third degree crime is subject to harsher penalties. Does this not apply to multiple (3) counts of stalking committed at the same time to separate victims? And if the stalkers ROR included a no contact order with the first victim and he continued the stalking behavior would that qualify as being under a court order prohibiting stalking?

Besides all of that, would someone who was originally charged with stalking (calling multiple times a day, making threats towards the victim and her family, cyber-stalking) and harassment, given a no contact order and continuing the stalking, failing to come to court for the harassment charge and then later having two more stalking (and possibly two more harassment charges) against separate victims be looking at hard time if convicted or would he get a slap on the wrist and would they wait to really do anything until he assaulted someone? Also in either case would he mandated to get mental health treatment?

And in cases where people have warrants out and could possibly become violent (apparently 25% of stalkers eventually assault their victims) how long do they wait to arrest them? What could warrants possibly be so busy doing for months and months in a fairly low crime area?

Finally is there any possibility of pursuing this at a federal level as well if the outcome for the victim is less than satisfactory (she doesn't really care what happens to him or about justice, she just wants to feel safe again) because many of the incidents happened while she was in New York and he was in New Jersey?

I'm sorry this was so long. Nobody seems to be able/willing to tell me what's going on beyond "warrants will arrest him when they have time and then he'll be charged".


Asked on 12/16/12, 5:55 pm

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

You have a serious problem. It sounds like you are really afraid of this man, but the legal system is not moving quickly to protect you. There are a couple of good, strong options to deal with this. Give me a call (no charge for the call) and I will assist you. I have done a lot of this work, representing women threatened (or harmed) by men.

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Answered on 12/16/12, 6:02 pm


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