In July, Governor Phil Murphy signed a new bill, S-1517, addressing loopholes in previous anti-stalking laws. The Domestic Violence Act, the previous legal statute for obtaining a restraining order, precluded victims from being issued a restraining order unless the alleged offender had previous criminal charges or was in a relationship with the victim. This is known as the “stranger-stalking loophole.”
Generally, stalking in New Jersey is a fourth-degree offense that can lead to up to 18 months in prison and $10,000 in fines. The crime becomes a third-degree offense if there are any prior restraining orders. However, many victims who turn to the legal system for support find themselves unable to receive a restraining order because they do not personally know their aggressors.
This loophole is well-known among many government officials, yet reform was lacking even though one-fifth of stalking cases are not former partners or family members. This forces the victims to wait until their situation escalates to receive a restraining order against their aggressor.
An advocate for S-1517, Michele Albano, publicly spoke out against her local police department for not protecting her daughter from a man who had been stalking her for three years. Her daughter, a resident of Hoboken, received threatening and sexual messages and calls from a man who lived only two blocks away from her. She went to the police, in hopes of getting a temporary restraining order, but was denied because she and the man had no personal relationship. Instead, Albano’s daughter went through a year-long process of trying to gain enough evidence to receive a no-contact order.
When the case was shared publicly, many were shocked to find out that someone who did not personally know their aggressor would be denied a restraining order and live in fear with no legal recourse. Governor Murphy acknowledged that Albano’s daughter was the one who inspired S-1517 and that the Administration now recognized the need to protect the victims of more than just domestic and sexual violence cases.
S-1517 will amend the Sexual Assault Protection Act of 2015, by renaming it the Victim’s Assistance and Survivor Protection Act. This bipartisan bill also expands the list of what will be considered an abusive act that qualifies a victim for a restraining order. Essentially, a victim may now go to any police department and show the authorities evidence of stalking or harassment. The victim will immediately be put in contact with a judge who will determine whether or not their case qualifies for a temporary restraining order.
Although this expansion sounds beneficial, many critics fear this will clog the judicial system. Around 15,000 temporary restraining orders are issued each year and this addition to the law will increase that number significantly. Additionally, many fear that some will abuse the law and obtain restraining orders when they are not particularly necessary.
Despite these criticisms, the state Senate was able to overwhelmingly pass the bill 36-0 and the Assembly 77-0. It is meant to take effect starting January of 2024. As Attorney General Matthew J. Platkin said in reference to S-1517, “No one should ever have to live in fear of another person.”
