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Is Stalking Considered a Form of Domestic Violence In NJ?

March 12, 2014 by Matthew Reisig

In New Jersey, stalking is recognized as one of the 14 criminal offenses that can constitute an act of domestic violence under N.J.S.A. 2C:25-19(a). If you’ve been accused of stalking, it’s critical to understand the seriousness of the charge and the potential consequences. Stalking is not just a criminal offense—it’s often tied to restraining orders and can have life-altering implications.Is Stalking Considered Domestic Violence in New Jersey

For nearly 30 years, Reisig Criminal Defense & DWI Law has been a trusted name in New Jersey, providing expert legal representation for those facing domestic violence charges, including stalking. Their experience and dedication to defending clients have made them one of the most successful criminal defense firms in the state.

Understanding Stalking in the Context of Domestic Violence

Stalking involves a pattern of behavior where one person repeatedly follows, harasses, or intimidates another to the point where the victim feels threatened or fearful. In the context of domestic violence, stalking often occurs between individuals with an existing or prior intimate relationship, such as spouses, domestic partners, or significant others.

The legal definition of stalking in New Jersey includes behaviors like:

  • Following someone without their consent.
  • Repeatedly showing up uninvited to their home, workplace, or other locations.
  • Sending unsolicited messages or gifts.
  • Making unwanted phone calls or digital communications.

For stalking to qualify as domestic violence, the relationship between the accused and the victim must fit within specific parameters, such as being current or former household members, spouses, or individuals in a dating relationship.

Consequences of a Stalking Charge

A stalking charge in New Jersey can lead to severe penalties, including:

  • Criminal Charges: Depending on the circumstances, stalking may be charged as a third- or fourth-degree crime. A third-degree charge can result in up to five years in prison, while a fourth-degree charge may carry up to 18 months.
  • Restraining Orders: Victims of stalking often seek temporary or permanent restraining orders, which can severely limit your ability to contact the alleged victim, visit your home, or see your children.
  • Social and Professional Impact: A stalking accusation can damage your reputation, relationships, and career. Employers and professional organizations may take action if you are convicted.

Defending Against a Stalking Charge

If you have been accused of stalking, it’s essential to seek expert legal representation immediately. Stalking charges often rely heavily on circumstantial evidence and subjective interpretations of behavior. An experienced defense attorney can challenge the prosecution’s case by:

  • Examining the credibility of the alleged victim’s claims.
  • Analyzing communication records, surveillance footage, or witness testimony.
  • Demonstrating that the alleged conduct does not meet the legal criteria for stalking.

Reisig Criminal Defense & DWI Law has decades of experience handling complex domestic violence cases, including stalking charges. Their knowledge of New Jersey’s legal system and familiarity with local prosecutors give them a strategic advantage in building a strong defense.

Why Choose Reisig Criminal Defense & DWI Law?

For nearly 30 years, Reisig Criminal Defense & DWI Law has been a trusted advocate for individuals facing domestic violence charges in New Jersey. Their reputation for excellence is built on a track record of success in achieving favorable outcomes for clients. Whether through skillful negotiation, dismissal of charges, or a successful defense at trial, Reisig Law fights tirelessly to protect your rights and your future.

Take Immediate Action

If you or a loved one has been accused of stalking or any other domestic violence offense, time is of the essence. Early intervention by an experienced attorney can make all the difference in the outcome of your case. Call Matthew Reisig today at 732-625-9661 for a free consultation. Protect your rights and ensure you have a dedicated legal advocate by your side.

Filed Under: Domestic Violence

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* The reference to 1,389 cases without a DWI conviction applies to cases prior to November 1, 2017. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.

** 82% Winning Percentage at Trial is from 2012 through 2017.