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Is it stalking to have a 3rd party hire a PI to place a GPS device on a vehicle?

  • 1.  Is it stalking to have a 3rd party hire a PI to place a GPS device on a vehicle?

    Posted 03-15-2018 02:32 PM
    Please contact me offline with any comments:  [email protected]

    In 2009 the stalking statute was amended to state the following:

    N.J.S.A. 2C:12-10 (in part)

     

    1. As used in this act:
    • (1)  "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.
    • (2)  "Repeatedly" means on two or more occasions.
    • (3)  "Emotional distress" means significant mental suffering or distress.
    • (4)  "Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.
    • b.  A person is guilty of stalking, a crime of the fourth degree, 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.

    Husband's father hired a PI to place a GPS device on Wife's car and Wife filed a TRO based on stalking.  If anyone has experience regarding defending a case involving a GPS device, please contact me offline.

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    Jessica N. Mazur, Esq.
    Hoagland, Longo, Moran, Dunst & Doukas, LLP
    Partner and Chair of the Family Law Department
    Certified by the NJ Supreme Court as a Matrimonial Law Attorney
    Court Appointed Rule 1:40 Mediator
    Offices:
    1704 Maxwell Drive, Wall, NJ
    40 Paterson Street, New Brunswick, NJ
    732-545-4717
    [email protected]
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  • 2.  RE: Is it stalking to have a 3rd party hire a PI to place a GPS device on a vehicle?

    Posted 03-15-2018 06:12 PM

    Check out Villanova v. Innovative Investigations, Inc., 420 N.J. Super. 353 (2011); L.A.V.H v. R.J.V.H, 2011 N.J. Super. Unpub. LEXIS 2162 (Docket No. A-6292-09T4); and A.T. v. R.T., 2012 N.J. Super. Unpub. LEXIS 189 (Docket No. A-3707-10T2).

     

    Charles F. Vuotto, Jr., Esq.

    Starr, Gern, Davison & Rubin, P.C.

    Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

    Fellow of the American Academy of Matrimonial Lawyers

    Certified by the American Academy of Matrimonial Lawyers as an Arbitrator

    Qualified by the Supreme Court of New Jersey as an Economic Mediator

    105 Eisenhower Parkway, Suite 401

    Roseland, NJ  07068

    Tel. 973-403-9200, Ext. 246

    Fax 973-364-1403

    Email: [email protected] 

    Website: www.starrgern.com

    Website: www.vuotto.com