Stalking

Stalking Charges Attorney in Morristown

Protecting Your Rights & Building Your Defense in Morristown Stalking Cases

Stalking charges in New Jersey carry serious legal consequences, often bringing stress and confusion to anyone accused. At the Law Offices of Joseph S. Scura, we defend individuals throughout the Morristown area with direct guidance and proven criminal defense strategies. 

When you work with our team, you gain over a decade of legal experience and recognition from Super Lawyers® Magazine. We have deep knowledge of New Jersey law and local court procedures, and we use that understanding to support you at every step after accusations arise.

When local law enforcement pursues stalking cases in Morris County, you need an attorney who acts quickly and knows the specific challenges these cases present. We meet with you to explain each stage so that you make informed decisions without feeling left out.

Your freedom and family are too important to risk. Secure the immediate defense of a trusted Morristown stalking defense lawyer. We offer 24/7 availability. Call the Law Offices of Joseph S. Scura at (973) 832-0841 or contact us online now.

Understanding New Jersey Stalking Law

New Jersey law defines stalking as purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer emotional distress. A precise understanding of these legal definitions is the key to a successful defense.

Key Legal Definitions:

  • "Course of Conduct": Must occur on two or more occasions (repeatedly). This can involve maintaining visual or physical proximity, monitoring, surveilling, threatening, or communicating to or about a person, or interfering with their property.
  • "Purposefully or Knowingly": The prosecution must prove the defendant acted with the specific intent to engage in this course of conduct. Misinterpretation or lack of specific intent can be a powerful defense.
  • "Reasonable Person" Standard: The fear or distress must be what a reasonable victim, similarly situated, would have experienced under the circumstances. The actual emotional state of the alleged victim is not enough.

Stalking Classification and Penalties:

Stalking is usually charged as a 4th-degree crime under N.J.S.A. 2C:12-10 when it involves repeated unwanted contact, harassment, or threats. That carries up to 18 months in prison and fines up to $10,000.

The charge can be elevated to a 3rd-degree offense if certain conditions are met, such as stalking in violation of a restraining order, stalking the same victim more than once, or committing the act while already on parole or probation. In that case, penalties increase to 3-5 years in state prison and up to $15,000 in fines.

As your Morristown stalking defense lawyer, we focus immediately on preventing the third-degree enhancement, as that automatically carries state prison time.

Collateral Consequences of a Stalking Conviction

The most severe consequence of a stalking conviction is not merely the criminal penalty, but the automatic application for a Permanent Restraining Order (FRO) under N.J.S.A. 2C:12-10.1.

  • Automatic FRO Application: A judgment of conviction for stalking automatically applies for a permanent restraining order.
  • FRO Hearing: A separate hearing is held in the Morris County Superior Court to determine the terms of the FRO, which, if granted, is permanent and lasts forever unless dissolved by the victim or a subsequent court order.
  • Life Restrictions: An FRO can include:
    • Exclusion from Residence: Being removed from your shared or owned home.
    • No-Contact Orders: Prohibition of any contact with the victim, their employers, or family members.
    • Exclusion from Frequented Locations: Being banned from schools, workplaces, or any specified place the victim regularly visits.

The power of a permanent restraining order to disrupt your life is immense. Violating a restraining order is a separate criminal offense (Contempt, N.J.S.A. 2C:29-9), often resulting in immediate arrest and jail time. We fight aggressively in both the criminal proceedings and the FRO hearing to protect your domestic and familial rights.

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