Stephen A. Gravatt, Esq.
Attorney
565 NJ 35
Middletown, New Jersey 07748
(732)-337-7922
Email: pipking@comcast.net
Criminal Defense Attorney defends defendants on charges for harassment.
WHAT CONDUCT CONSTITUTES HARASSMENT—N.J.S.A. 2C:33-4?
As a criminal defense attorney defending many clients charged with harassment I can tell you that
N.J.S.A. 2C:33-4 sets forth three (3) basic types of proscribed conduct which constitute harassment.
“Except as provided by section e., a person commits a petty disorderly offense if, with purpose to harass another, he:
a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively course language, or any other manner likely to cause annoyance or alarm;
b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so;
c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person;
A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place it was received.
d. (deleted by amendment)
e. A person commits a crime of the fourth (4th) degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state, or the United States.”
The most common conduct constituting harassment is abusive language uttered with intent to annoy, insult, belittle or intimidate the victim. Oftentimes one neighbor will harass another or one spouse will harass the other.
WHAT IS MY EXPOSURE IF CONVICTED OF HARASSMENT?
Harassment is a criminal petty disorderly persons offense. If convicted, your exposure would be the imposition on sentencing of a fine of up to five hundred dollars ($500.00), plus possible jail time of up to thirty (30) days, plus a criminal record.
WHAT IS MY EXPOSURE IF THE VICTIM IS MY SPOUSE OR SIGNIFICANT OTHER?
HARASSMENT IN THE PREVENTION OF DOMESTIC VIOLENCE ACT SETTING
Under the Domestic Violence Act, N.J.S.A. 2C:25-8, the municipal court judge in the township in which you reside has authority to issue temporary restraining orders (TRO) when the Superior Court, Family Part, is not open, e.g., on weekends, holidays, etc… Your significant other could avail himself or herself of the remedy of obtaining a Temporary Restraining Order (TRO). This is a remedy that is designed to prevent the defendant from having any verbal or physical contact whatsoever with the victim(s) or victim(s) immediate family members. In other words, you could be ordered not to go to the marital residence (home) and not to have any form of contact with your significant other at all. The sitting municipal court judge in the location where you reside will also set bail that you must post in order to avoid immediate jail. A search of the marital residence will be done and confiscation of any guns, weapons will be imposed. Willful violation of the TRO would be a fourth (4th) degree crime with possible jail time up to eighteen (18) months. Your first court appearance would be an arraignment in the municipal court who issued the TRO. Approximately two (2) weeks after entry of the TRO you would be entitled to a Plenary Hearing as to whether the TRO should ripen into a Final Restraining Order (FRO) in the Superior Court, Family Part, or dismissed. If the matter is converted to a FRO you could be ordered to continue paying the roofing costs, e.g., mortgage, property taxes, utilities, etc…until the relationship is legally dissolved without the possibility of ever being able to set foot on the property again or communicate with your significant other ever again. Finally, the municipal court will hear the underlying charges and have jurisdiction over disposition of the underlying domestic violence offense, e.g., to convict for the harassment. Additionally, of course, you can be ordered to undergo expensive and time consuming anger management or psychological counseling as a prerequisite to any reconciliation and normalization of relations and/or property rights.
DO I NEED TO RETAIN AN ATTORNEY TO DEFEND ME IF I AM CHARGED WITH HARASSMENT?
Yes. I would recommend it. Money is fungible. A criminal record is not. A 2C criminal conviction can result in ineligibility to secure employment with the government or if already employed by government, mandatory forfeiture of your government job. If you are either applying for a license issued by a professional board or have already obtained a license conferred upon you by a professional board, a 2C conviction could become a character issue resulting in denial of your application fora license.
If you have been charged with harassment, please contact me today for your free initial consultation and a no nonsense discussion of how I can help you, if retained.
Stephen A. Gravatt, Esq.
