Restraining Order Issued Based On E-Mail To Employer

J.D. v. C.C. was an appeal of a Final Restraining Order (FRO) pursuant to the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 to 35) granted by the Superior Court of New Jersey, Chancery Division, Family Part, Passaic County upon the finding that C.C. committed harassment (N.J.S.A. 2C:33-4(a)) against J.D. by sending e-mails to his employer alleging, among other things, that he drove his company vehicle while under the influence (N.J.S.A. 39:4-50). After a 2 year relationship, J.D. proposed marriage to C.C. who rejected him and J.D. elected to terminate their relationship. Thereafter, C.C. began to appear at J.D.'s residence at inopportune times and run into him as he went about his business. C.C. also sent text messages to J.D. indicating that she intended would cause trouble for him and intended to contact his employer. C.C. did send the e-mail and J.D. sought a restraining order. The trial judge issued the Final Restraining Order upon finding that, although no physical assault occurred, the actions of C.C. constituted harassment under N.J.S.A. 2C:33-4(a) and was the behavior that the Prevention of Domestic Violence Act was designed to prevent. Pursuant to State v. Hoffman, 149 N.J. 564 (1997), the elements of harassment include (1) the defendant making or causing to be made a communication; (2) with the purposes to harass another; and (3) in a manner likely to cause annoyance or alarm to the intended recipient. On appeal, the N.J. Appellate Division found that the e-mail to J.D.'s employer could be designed for no other purpose than to harass J.D. The Appellate Division further held that the need to prevent further abuse, under Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006), was a factor in this matter and affirmed the decision of the court below. If you are charged with domestic violence or seeking a final restraining order against an abuser, there are specific burdens of proof for both parties in proving or disproving the charges making it critical that you obtain experienced criminal defense counsel to represent you in such matters. For more information regarding domestic violence, restraining orders, assault, battery and other criminal law issues in NJ visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Cyber-Harassment Laws Punish Those Using Internet For Personal Grudges

In spite of numerous educational efforts targeted to both juveniles and adults, the crime of cyber-harassment continues to be a growing issue due to the perceived degree of anonymity by those perpetrating such crimes. Cyber-harassment (N.J.S.A. 2:33-4.1) is communication with the purpose to harass another by employing a physical threat of bodily injury or the conveyance of lewd, indecent or obscene material with the purpose of causing emotional harm to the person or persons portrayed in said material. Actual harm need not be caused by the acts as long as the acts are undertaken with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm. Cyber-harassment charges are substantially more serious than standard harassment charges under N.J.S.A. 2C:33-4. While standard harassment charges are disorderly persons offenses, cyber-harassment charges under N.J.S.A. 2C:33-4.1 are felony charges which begin at a fourth-degree level and increase in degree if aggravating circumstances are present. Due to the serious consequences, ranging from minimal damage to a person's reputation to suicide in some extreme cases, New Jersey and other states have taken an increasingly harsh stance against those accused of perpetrating or conspiring (N.J.S.A. 2C:5-2 and 2C:33-4.1) to perpetrate such crimes. The federal government has also enacted 18 U.S.C. Section 2261A, applicable to those intending to threaten or harm, physically or emotionally, those in other states by employment of the internet. If you are charged with cyber-harassment, or conspiracy to commit cyber-harassment, you should consult an experienced criminal defense attorney immediately. For more information about cyber-harassment, harassment or other serious criminal charges in NJ visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

African-American Male Wrongfully Charged With Theft From Apple Store Based on Color

Terrell Gray, an African-American male from NJ was arrested for theft when he sought a replacement for his broken iPad in a Berkeley, CA Apple store. Gray was offered a free replacement cracked screen but Apple employees in the store stated the store would not replace the device. Police arrived on the scene and arrested Gray who was placed in a psychiatric hospital overnight. Upon release Gray returned to the store and was arrested, detained for approximately a week without being formally charged then placed in a psychiatric hospital for over a month. Upon release, Gray returned to NJ and visited a doctor regarding mental anguish, emotional distress, paranoia, emotional pain and suffering as well as other mental issues. As a result of Gray's consultation with the doctor in NJ he was committed to Trenton psychiatric hospital for approximately 3 months. Gray is now suing Apple and the City of Berkeley under for violations of 42 U.S.C. Section 1981(Equal Rights Under the Law), 1982 (Property Rights of Citizens) and 1985 (Conspiracy to Interfere With Civil Rights) for discrimination against people of color based on his own treatment and in-store video showing Apple employees disproportionately targeting shoppers based on race, nationality, or ethnicity and confronting them with false accusations of criminal activity, false imprisonment, and other forms of harassment. Gray has also brought a case against the City of Berkeley with assault and battery, false imprisonment, negligent infliction of emotional distress and other charges. If you are facing criminal charges it is critical you obtain an experienced criminal defense attorney immediately to protect your rights and build a defense against the prosecution's case. Although the justice system is designed to protect the innocent and bring just punishment to the guilty to deter others from following suit while also rehabilitating them when necessary there are times when innocent individuals are grouped among the guilty for an assortment of reasons. If this happens it is critical to have someone fighting hard for your good name. For more information about theft, burglary or other criminal issues in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of counsel.