Long gone are the days of landline phones and rather now the vast majority of Americans own a cell phone with nine out of ten owning a smartphone. Advances in technology, such as smartphones with audio and video recording features, have enabled individuals to capture in real time some of their most beloved moments, but, regrettably, these technological advances have also played a role in the emergence of new forms of abuse. Consequently, as the use of technology has increased in day-to-day life, so has the use of technology in domestic violence matters. The New Jersey Legislature has recognized the emergence of technology in domestic violence cases and has taken action to protect victims.
In 2014, the New Jersey Legislature amended the harassment statute and added the act of “cyber-harassment” to cover circumstances when one attempts to harass another through an electronic device or social networking site.
Cyber harassment is defined as:
“conduct that occurs, while making one or more communications in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, that involves threatening to inflict injury or physical harm to any person or the property of any person; knowingly sending, posting, commenting, requesting, suggesting, or proposing 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 the reasonable person; or threatening to commit any crime against a person or the person’s property.
In 2023, Governor Murphy signed a law that expands the ability of victims of stalking and cyber harassment to obtain restraining orders in New Jersey. Effective February 1, 2024, under the new law stalking is defined as:
“purposefully or knowingly engaging in a course of conduct directed at or toward a person that would cause a reasonable person to fear for the reasonable person’s own safety or the safety of a third person, or suffer other emotional distress, because the conduct involves: repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person’s property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or towards a person.”
This new law eliminates the prerequisite that a victim must have either a domestic relationship with the abuser or resided with the abuser. Now, it will be easier for more victims to obtain necessary and protective restraining orders before fearful conduct escalates to actual harm.
If you have any questions regarding the legal remedies available to you, we at Musulin Law Firm are only a phone call away.
