Our firm is fully operational and working remotely in the midst of the Coronavirus impacting New Jersey. Please feel free to call us or contact us online for a free consultation with one of our lawyers.

Free Initial Consultation · 24 / 7

Recent News

NJ State Legislature Proposes Cyber-Harassment as a Predicate Act of Domestic Violence for Restraining Order Cases

Published: September 13, 2016

Client Reviews

  • Upon reading the success in the reviews of Travis' law firm, I decided to give him a call. That call would be the best, life changing call I ever made. full review

    Milton
  • After receiving a Restraining Order by an ex girlfriend accusing me of harassment which was false, I contacted the law firm. Chris helped to get the case dismissed as quickly as possible ... full review

    Stanley
  • He assured me that he would aggressively try to get this unsubstantiated TRO dismissed as well as the harassment charge. Sure enough he did just that and on such short notice that it left... full review

    a client

Domestic Violence Law may Include Cyber-Harassment Charges as Grounds for a Restraining Order

Cyber Harassment Morris County NJOn February 8, 2016, the New Jersey State Legislature proposed a bill that would add a new predicate act of domestic violence, cyber-harassment, that courts could consider when deciding whether to enter a final restraining order against a defendant accused of domestic violence. Currently, the Prevention of Domestic Violence Act (“PDVA”) outlines the situations in which the New Jersey Superior Court, Chancery Division, Family Part can enter a Final Restraining Order (“FRO”). See N.J.S.A. 2C:25-17 et seq. Generally, before a court can enter an FRO, the judge must find a predicate act of domestic violence, as defined in the PDVA, and an immediate danger or need to protect the victim. This pending bill, S1257, would add cyber-harassment to the list of predicate acts of domestic violence. To read the full text of the bill, click here.

Currently, there are 18 enumerated predicate acts of domestic violence outlined in the PDVA. Those predicate acts of domestic violence are: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order, and any other crime involving risk of death or serious bodily injury.

The proposed 19th predicate act of domestic violence would be cyber-harassment, as defined by New Jersey Criminal Code 2C:33-4.1. According to the NJ Criminal Code, a person is guilty of cyber-harassment if while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person does one of the following:

  1. Threatens to inflict injury or physical harm to any person or the property of any person.
  2. Knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person.
  3. Threatens to commit any crime against the person or the person’s property.

Although the definition of cyber-harassment is found in the criminal code, the alleged perpetrator of domestic violence would not need to be found guilty of the crime of cyber-harassment beyond a reasonable doubt in order for a court to enter a FRO against the defendant. That is because in restraining order cases, the burden of proof is only a “preponderance of the evidence.” In other words, for a restraining order to be finalized on the grounds of cyber-harassment, a court would only need to find, more likely than not, that the defendant perpetrated cyber-harassment. Click here to learn more about the burden of proof in restraining order cases.

Attorney Needed for Cyber Harassment Restraining Order Case

If you are dealing with a domestic violence case involving cyber harassment, contact skilled NJ cyber harassment lawyers defending clients in Bergen County, Essex County, Morris County, Passaic County, Warren County, and throughout New Jersey.

Filed under: Predicate Acts of Domestic Violence, Stalking Harassment Offenses

Visit Our Offices

With offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

  • 201-556-1570
  • 201-556-1572
Hackensack Office

Morristown / Morris County

60 Washington St Suite 200A,
Morristown, NJ 07960

  • 908-336-5008
  • 201-556-1572
Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
  • 201-556-1572
Newark Office

for a free initial consultation Contact the Tormey Law Firm

Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press, NJ.com, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

Areas we serve

The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

  • Tell us how we can help

  • Contacting our office does not establish an attorney-client relationship. Please do not share any confidential information until such a relationship has been established.