Domestic Violence Stalking Charges New Jersey Defense Attorney
Charged with Stalking Under the PDVA? Discuss Your Domestic Violence Case with an Experienced New Jersey Defense Attorney
Stalking is a common allegation in domestic violence cases. Whether you are facing only stalking charges or being accused of other forms of abuse, it’s critical to work with an experienced New Jersey stalking lawyer to protect yourself from unnecessary consequences and ensure your rights are preserved throughout the process.
Under New Jersey’s Code of Criminal Justice, stalking is classified as an indictable offense, comparable to a felony in other states. Depending on the circumstances, prosecutors can pursue charges for:
- Fourth-Degree Stalking – Up to a $10,000 fine and 18 months in jail
- Third-Degree Stalking – Up to a $15,000 fine and three to five years of prison time
Understanding Your Stalking Charge After a Domestic Violence Arrest
Prosecutors may pursue fourth-degree stalking charges if they allege you “purposefully or knowingly engaged 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.” This could involve following, contacting, or surveilling a current or former partner—actions often misinterpreted in emotionally charged situations. A New Jersey stalking lawyer can evaluate whether your behavior meets the legal definition of stalking or whether the accusation lacks merit.
There are several factors that can elevate stalking to a third-degree indictable offense in domestic violence cases, including:
- Committing stalking while on parole or probation
- Violating a domestic violence restraining order that prohibits stalking or contact
- Stalking a spouse, partner, or other protected person after a prior conviction for stalking the same individual
Stalking is one of several crimes addressed by New Jersey’s Prevention of Domestic Violence Act (PDVA). When you are accused of stalking a “protected person” under this law, you may face an immediate restraining order and related criminal penalties. Judges can issue restraining orders without your knowledge or presence, and violating such an order can lead to an additional contempt charge—also an indictable offense. If you have questions about restraining orders, our attorneys can explain your rights and guide you through the next steps.
What to Do if You Have Been Accused of Stalking in New Jersey
Being accused of stalking by a protected person can have serious and lasting consequences, including potential loss of employment, custody issues, or damage to your reputation. Contacting a New Jersey stalking lawyer immediately is the most effective way to start protecting yourself. An experienced attorney can help you respond to restraining orders, prepare a strong defense, and challenge weak or exaggerated allegations before they escalate.
Our firm also handles related criminal defense matters such as harassment, cyberstalking, and criminal law cases. We understand how prosecutors build stalking cases and what it takes to successfully defend against them in New Jersey courts.
Speak with a New Jersey Stalking Lawyer in Confidence
If you have been charged with stalking or are under investigation for alleged domestic violence, our legal team is here to help. Call 877-435-6371 or contact us online to schedule a confidential consultation with an experienced New Jersey stalking lawyer at Helmer, Conley & Kasselman, P.A.. We will review your case, explain your options, and begin developing a strong defense strategy tailored to your situation.