Bill To Ease Restraining Order Restrictions Backed By Senator From Westfield

WESTFIELD, NJ — Under New Jersey law, if you are stalked or harassed by a person you don't know, you cannot apply for a restraining order.

If the harasser is an ex-boyfriend, a former roommate, husband, or anyone you know intimately, then sure, you can get a restraining order. Senator Jon Bramnick, who is also the Republican Municipal Chairman in Westfield where he lives, says this limited to access to restraining orders is "ridiculous."

As a result, Bramnick is sponsoring a bipartisan bill, S-1517, that would allow restraining orders to be issued for situations in which domestic violence statutes do not apply.

“It’s ridiculous that you can’t get a restraining order without filing criminal charges when you have a crazy neighbor who is harassing you or someone is stalking you,” said Bramnick (R-21). “A restraining order can help stop concerning behavior from turning into something more dangerous. Other states make it easier for victims of harassment to get protective restraining orders, and New Jersey should too.”

According to NJ.com, as it currently stands, even if one goes through the complicated process of filing criminal charges, the stalker may be ordered to come to court, but the victim still can’t get any protection.

The legal definition of domestic violence in New Jersey only applies to people who are harassed by a spouse or former spouse, a present or former household member, someone whom you have a child in common or are expecting a child with or someone you are dating or have dated, according to WomensLaw.org.

However, stalking is illegal in New Jersey, and the law does not require that you know your stalker to receive protection.

If the stalker is charged in criminal court, you will likely get a criminal court restraining order, which can order that the stalker does not make any contact with you that is likely to annoy or alarm you, and prohibit him/her from visiting your home, property, place of work or any other place named in the restraining order that you frequently visit, according to WomensLaw.org.

Although restraining orders do not cover many types of emotional or mental abuse, you can contact a domestic violence organization in your area for help and support. You can visit this like of NJ Advocates and Shelters page to find an organization near you.

Under the proposed bill backed by Bramnick, as well as Sen. Linda Greenstein (D) and Sen. Vin Gopal (D), a person could simply show police the evidence of them being stalked or harassed and they could get a Superior Court judge on the phone right away to determine whether they should be awarded a temporary restraining order.

You can read the full summary of the bill here.

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