TRENTON, NJ – Unless you are known to a person involved in a stalking or harassment situation in New Jersey, you cannot get a restraining order against your stalker. That could change if Democrats and Governor Phil Murphy back a bill introduced by New Jersey State Senator Jon Bramnick.
A bill sponsored by Senator Jon Bramnick allows stalking victims to obtain restraining orders against strangers in the New Jersey Senate.
If the defendant is a stranger, victims of stalking and other forms of abuse cannot obtain a restraining order under current state law. Unless the defendant is already convicted of stalking, a victim must prove that they are in a prior or existing spousal, household, or dating relationship with the offender.
As a result of Senator Bramnick’s bill, S-1517, this loophole is closed by permitting restraining orders to be issued even if the victim does not have a prior or existing relationship with the offender.
Additionally, a parent or guardian can file a restraining order on behalf of a victim who is underage, has a developmental disability, or cannot give consent.
“It’s ridiculous that many people who are being stalked can’t get a restraining order without filing criminal charges when they are being threatened or intimidated by a stranger,” said Bramnick (R-21). “In too many instances, the police are unable to do anything when extremely dangerous behavior is reported. This legislation makes it easier for more victims to get protective restraining orders before frightening conduct escalates to actual harm.”
