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Category: Criminal Law
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Experience:  30 years legal experience
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Id like to press charges against siblings for stalking, we

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I'd like to press charges against siblings for stalking, we are all emancipated but live in same state. How can I have them arrested?

Good morning Kristin,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Because you are talking about having your siblings arrested, we are dealing with a criminal case---you do understand that, correct?
2. Would you say that their intentional behavior is causing your extreme emotional distress and injury?
3. Do they admit to the stalking behavior, and do they claim any basis for their doing this? Do you know whether they are after something specific, or whether they simply are wanting to harass or frighten you?


Customer: replied 3 years ago.

I have suffered stress induced panic attacks, inability to concentrate and I'm chronically distraught, last time I dropped out of school. . This is repeat abusive behavior on their part. Brother is POA but I don't think it's a reason to take money, unless I'm wrong. They are subpoena to meet with mediator. She claims abused her via email and I didn't.

Good morning Kristin,

Thank you for the additional information.

In order for there to be an arrest in a stalking case, you must make a formal police complaint against the siblings and it is up to the police then to determine whether they will arrest your siblings. And it is up to the local county prosecutor to decide whether to prosecute your siblings for a violation of the criminal code.

So, first contact the police and file a report about the stalking behavior by your siblings.

Here is the law on stalking in NJ, the violation of which is a Fourth degree criminal offense---a felony and the punishment includes: Up to 18 months in prison and a fine of up to $10,000.

New Jersey Statutes 2C:12-10: Stalking

A person is guilty of stalking if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.

Stalking is a crime of the fourth degree. A second or subsequent stalking offense against the same victim is a crime of the third degree.

Stalking is a crime of the third degree if committed:

  • as a second or subsequent offense of stalking against the same victim
  • in violation of an existing court order prohibiting stalking;
  • while serving a term of imprisonment; or
  • while on parole or probation as the result of a conviction for any indictable offense under any state or federal law.

Here is a link to that specific NJ law:




You may also seek the court's help and an Order of Protection/Temporary Restraining Order against you siblings by filing for a restraining order based on their harassment and stalking of you. You may apply to the court for this protective order You can file a petition in the county where you live, or in the county where your siblings lives, or in the county where they are harassing and stalking you.

Here is a great article all about getting a restraining order in NJ:

Finally, you may also file a civil suit against your siblings for Intentional Infliction of Emotional Distress and seek a money judgment against them for their wrongful behavior toward you. You may ask the court to order that they be responsible for your medical bills relating to the emotional injuries you suffered due to the harassment and stalking, for damages for your physical and emotional suffering and for damages to punish them for their wrongful behavior. You can file your claim in small claims court, or in a higher civil court.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.


LawTalk and 6 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Can you please resend the link (law. one Clearly. Com) to my email address and I will rate you? (I can't open the link) Thanks!

Good morning Kristin,

I am sorry that you are having a problem with the link. I just tried it and it is working for me. But here it is again, just in case:

If it does not work for you by clicking on it, you might try copying and pasting it to your browser and that will take you to the site as well.

Additionally, here is another link to the same information:


Please let me know if you still cannot access the specific code section and I will do what I can to make it happen for you.

Thank you for your positive rating of my service, Kristin. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.

Thanks again.


When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

Customer: replied 3 years ago.

I'm very happy, Thankyou. I will give you the highest rating and ask for you again. Thanks!

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