Domestic Abusers May Use GPS Technology to Stalk Victims in New Jersey

What Happens when Navigation Devices are Used to Keep Tabs on Someone You Have or Had a Relationship With in NJ

Technology has changed the landscape both of how domestic violence occurs and how victims can be protected. GPS (Global Positioning System), for example, can be used by abusers to stalk their victim or they can be used to track perpetrators and enforce restraining orders. When misused by abusers, GPS can become a tool used for surveillance and control of their victims. They may secretly install GPS on the victim’s vehicle or place a device in their personal belongings. Conversely, GPS can be a very powerful tool in ensuring that abusers do not come near their victims or a restricted zone, in violation of a restraining order. It is important for victims and those accused of domestic violence in New Jersey to understand the legal implications of misusing these devices and when an alleged abuser may be ordered to wear an ankle bracelet or other form of GPS.

GPS: Understanding the Mechanics of Location Tracking

Using a network of satellites, GPS technology is able to precisely determine the location of a GPS-enabled device. It triangulates signals from multiple satellites to pinpoint the location of the device, based on its latitude, longitude, and altitude, and then transmits this information to a monitoring system to track the device’s movement in real-time. The system should log every time the device’s location changes to ensure continuous oversight.

Legal Risks of Misusing GPS Devices for Stalking and Control in New Jersey

When GPS devices are used by abusers to track and control their victims, the danger to victims can be significant. As such, using GPS to stalk or harass a person carries serious penalties under New Jersey law. In one such case,  L.A.V.H. v. R.J.V.H., a defendant hired a private investigator to track his former wife and installed GPS devices on a vehicle he owned that was used by his wife, as well as her new boyfriend’s vehicle. The defendant alleged that he hired a private investigator only to determine whether an unrelated male was cohabitating in the marital home, which would have been a violation of their property settlement agreement.

The wife alleged that her former husband had engaged in stalking and harassing behavior, like going through her garbage and monitoring her actions.
In these circumstances, the New Jersey court held that the husband’s actions met the definition of stalking under New Jersey law and entered a final restraining order (FRO) against him. The FRO was upheld on appeal. This case demonstrates how misusing GPS devices can lead to criminal charges for stalking or harassment, which are domestic violence offenses in New Jersey, and also lead to additional legal consequences if a temporary or final restraining order is in effect against the accused.

Criminal stalking charges can lead to serious fines and even prison time if convicted. First time stalking offenses are typically charged as fourth degree indictable offenses. If convicted, the defendant can be ordered to serve up to 18 months in prison and pay fines of up to $10,000. If the accused was on probation or had a restraining order against them prohibiting stalking behavior, stalking may be charged as a third degree offense. If an individual is convicted of a second stalking charge and the victim is the same person, they are also guilty of a third degree offense. Third degree stalking charges carry potential prison time of 3 to 5 years and fines of up to $15,000. It is also possible for the individual to face civil penalties for emotional distress or other harms caused by the stalking.

Navigating the Fine Line Between Safety and Stalking in GPS Tracking

In the technological age in which we live, it is not uncommon for family members to have their phones enabled to track each other’s locations. So when do these actions rise to the level of stalking? It comes down to intent and consent. If an individual consents to a family member, friend, or significant other tracking their location by GPS, then there may be no issue. Even if consent is not expressly given, having GPS location sharing between the phones of family members or others may also not constitute stalking without additional factors present. There are legitimate reasons why individuals may wish to utilize these tools out of safety concerns or convenience. If, however, an individual uses the technology to stalk or harass someone, then this is misuse.

Address GPS Misuse Allegations in NJ Domestic Violence Cases – Contact Us Today

If you have been accused of using GPS inappropriately in a domestic situation in New Jersey, then you must understand that you are in danger of significant legal penalties, including the possibility of being sentenced to prison and having a permanent restraining order issued against you. It is critical that you obtain representation from an experienced domestic violence attorney, such as those at The Tormey Law Firm, who handles restraining orders and criminal domestic violence charges right away.

The Tormey Law Firm’s team of domestic violence and restraining order lawyers can review your case and identify any defenses that may be available to you. For example, maybe you did not, in fact, use GPS to stalk or harass anyone, or you had a legitimate purpose for using the technology. By working with a knowledgeable and skilled defense attorney at our firm, which represents clients in Mercer, Ocean, Essex, Somerset, Cumberland, Monmouth, Union, Burlington, Atlantic, Middlesex, Bergen, Passaic, Hunterdon, and counties throughout New Jersey, you can ensure that you have an effective advocate by your side and are doing all that you can to protect your rights. We invite you to contact us today at (908)-336-5008 for a free consultation and review of your case with our team.