Cyberstalking Domestic Violence Lawyer
New Jersey Defense Attorney for Cyberstalking Charges in Domestic Violence Cases
Under New Jersey law, cyberstalking is a serious offense that carries severe penalties. If you’ve been accused of this crime, especially in connection with an alleged domestic violence incident, the consequences can be even greater. It’s important to act quickly and speak with an experienced New Jersey cyberstalking lawyer who can protect your rights and guide you through the legal process.
In domestic violence cases, cyberstalking allegations can result in a restraining order being issued even before your criminal trial begins. This order might prohibit you from entering your home, contacting the alleged victim, or engaging in certain online activity. Violating a restraining order can lead to new charges and penalties, so it’s critical to have legal representation from the start. Our attorneys at Helmer, Conley & Kasselman, P.A. understand how to handle these complex cases effectively.
When Can You Be Charged with Domestic Violence Cyberstalking in New Jersey?
Cyberstalking is one of several offenses listed under New Jersey’s Prevention of Domestic Violence Act (PDVA). When a crime covered by the PDVA is committed against a “protected person,” it carries additional domestic violence consequences and can trigger immediate court restrictions.
Protected persons under New Jersey law include current and former spouses, partners, dating partners, parents of shared children, and individuals who share a household. If you’re convicted of cyberstalking a protected person, you could face up to 18 months in jail, a $10,000 fine, and the long-term restrictions of a domestic violence restraining order. In some cases, charges may accompany other alleged offenses such as stalking or harassment, which can further increase penalties.
The crime of cyberstalking is defined under Section 2C:33-4.1 of the New Jersey Code of Criminal Justice. A person may be charged with cyberstalking if they use online communications—such as social media, email, or direct messages—to:
- Threaten physical harm or property damage,
- Threaten the commission of a crime against another person, or
- Send lewd or obscene material intended to cause fear or emotional distress.
A key element of the statute requires proof that the defendant acted “with the purpose to harass.” Prosecutors must demonstrate this intent beyond a reasonable doubt. A knowledgeable New Jersey cyberstalking lawyer can challenge whether your messages meet that standard or whether they’ve been taken out of context, which is often central to defending these cases.
There are also numerous defenses that can apply to domestic violence-related cyberstalking allegations, including lack of intent, mistaken identity, or constitutional violations during the investigation. In some situations, your attorney may also pursue options to minimize penalties, such as diversionary programs available for certain cyber crime offenses.
Defending Against a Cyberstalking Charge in New Jersey
Every case is unique, but early legal intervention is critical. A strong defense strategy might include disputing the authenticity of electronic evidence, showing that communication was mutual or non-threatening, or proving the alleged victim is not a protected person under the PDVA. Our attorneys have extensive experience with both criminal law and domestic violence proceedings, allowing us to coordinate your defense across all related matters.
Schedule a Confidential Consultation at Helmer, Conley & Kasselman, P.A.
If you are facing accusations of cyberstalking or related online harassment, do not wait to get legal help. Call 877-435-6371 or contact us online to arrange a private consultation with a New Jersey cyberstalking lawyer. Our firm will help you understand your options, protect your rights, and work toward the best possible resolution. Visit our homepage to learn more about our criminal defense services throughout New Jersey.
