New Jersey Stalking Lawyer
Stalking is a course of conduct in which an individual repeatedly maintains visual or physical proximity to another person directly or through third parties. This behavior can include monitoring, observing, surveilling, threatening, communicating to or about the other person, interfering with their property, and continuously harassing them. This may include verbal or written threats. The key to this is that the conduct is repeated and causes the subject to be afraid.
To meet the legal burden of stalking, the behavior must occur on two or more occasions, cause significant emotional distress, and cause a reasonable person to fear for their safety and wellbeing as a direct result of the action. If you believe that someone has been stalking you, you may need to get a court restraining or protective order with the help of a local domestic violence lawyer.
These court orders could force a person to stay away from you, have no contact, and avoid any activities that were causing you reasonable fear. This may require going to the police, a magistrate, or appearing before a judge. To get the right results when you need them, it may be wise to work with a dedicated New Jersey stalking lawyer.
Essential Elements of a New Jersey Stalking Case
The most important elements of stalking cases in New Jersey is identifying an intentional course of conduct wherein someone was either following or monitoring another person, the course of conduct was meant as a means of intimidation or control, and these actions caused the other person emotional distress. Additionally, there are different degrees of stalking ranging from first through fourth degree with first being the most egregious and severe offense.
When Someone Should Hire an Attorney
If someone has an immediate fear for their safety and is considering filing a claim on the basis of stalking, they should call law enforcement straight away, file a restraining order, and then contact an attorney. The first course of action for someone in fear for their safety or wellbeing under any count of domestic violence should be to secure their immediate safety. This could mean having the police come to them, or going to a police station.
Even if someone is simply contemplating filing a stalking claim, they should retain legal counsel right away. An attorney could help them determine whether or not the actions of the other person would qualify, as a stalking charge in New Jersey or serve as adequate grounds for a protective order.
A Lawyer Could Help Secure Your Safety
An experienced New Jersey stalking attorney could help you if you are considering filing for a stalking charge. By listening to their story and advising them about which incidents are relevant to the court. This could help you better elaborate your case to the court and help ensure that you obtain the restraining order you need.
With stalking or other acts of domestic violence, people often a difficult time telling the story and explaining the events to a hearing officer or a judge, which can result in the denial of a temporary restraining order. A seasoned stalking attorney could help you avoid those pitfalls by preparing them to tell their story. To get the legal help you need, call right away.