Restraining orders are most commonly associated with domestic violence, however stalking is another category of behavior which may result in a restraining order. Stalking behavior takes many forms and may involve threats of violence, harassment and intrusion into the victim’s life both digitally and in person. Stalking is essentially any behavior in which a person intentionally causes fear in the target. In the legal definition provided under New Jersey statute 2c:10-12:

“A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.”

The salient legal elements are that the stalker has intentionality and that the victim feels fear or other distress according to a reasonable person standard. Whether or not these criminal standards are met in a court of law, a restraining order is still a viable and important mechanism for victims of stalking. A temporary restraining order may be granted even if a stalking conviction has not been proven in a court of law. 

If possible, victims of stalking should keep a log of incidences, compile evidence of stalking behavior and speak about their experiences with trusted confidantes. These may not be necessary for a temporary restraining order, but they will be necessary for a permanent restraining order (PRO) to be granted. 

A PRO is only available after a conviction for stalking has been established. The conviction will cause a hearing to be held for a PRO automatically unless the victim requests otherwise. If the PRO is granted it will bar the stalker from visiting certain spaces known to be frequented by the victim (work, school, home, etc) and outlaw all forms of contact between the two parties (written, verbal, electronic, through an intermediary, etc.). 

Stalking may occur between current or former intimate partners, acquaintances, or strangers. It occurs most commonly among intimate partners and former partners. Rarely do stalkers target complete strangers. It is often connected with intimate partner violence. Violence is particularly common in instances where threats have been made or when the stalker abuses illicit drugs or alcohol. 

When the relationship between the stalker and the victim is an intimate one, the nature of the crime is likely to be more violent, involve a greater variety of stalking behaviors and be more intrusive in the victim’s life. 

Restraining orders are an important measure to help stalking victims remain safe and avoid further emotional and physical harm. Qualified legal representation is important to help build a case and navigate the process of achieving the desired outcomes.