How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience:  30 years legal experience
15277592
Type Your Criminal Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

Id like to press charges against siblings for stalking, we

Resolved Question:

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?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

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?

Doug

Customer: replied 1 year 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.

Expert:  LawTalk replied 1 year ago.

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:

 

http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/12-10.html

 

 

 

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:

http://www.womenslaw.org/laws_state_type.php?id=557&state_code=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.

Doug



LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year 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!

Expert:  LawTalk replied 1 year ago.

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:

http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/12-10.html

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:

http://www.njlaws.com/stalking.htm

 

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.

Doug

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 1 year ago.

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

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.