Harassment Under New Jersey's Prevention of Domestic Violence Act

Harassment Under New Jersey's Prevention of Domestic Violence Act

Harassment is the most frequently alleged predicate act in New Jersey domestic violence restraining order cases. Because it covers a wide range of conduct, it is important to understand exactly what the law requires.

What Is Harassment Under New Jersey Law?

Under N.J.S.A. 2C:33-4, a person commits harassment if, with purpose to harass another, they make or cause to be made a communication in offensively coarse language or at extremely inconvenient hours, or in any other manner likely to cause annoyance or alarm; subject another to striking, kicking, shoving, or other offensive touching, or threaten to do so; or engage in any other course of alarming conduct or repeatedly commit acts with purpose to alarm or seriously annoy the victim.

The Purpose to Harass Requirement

The most critical element is purpose — the defendant must have acted with the specific intent to harass. Courts look at the totality of the circumstances to determine whether the defendant's purpose was to harass or whether the communication or conduct had another explanation.

Text Messages and Social Media

In the modern era, most harassment allegations involve electronic communications — texts, emails, social media messages, and phone calls. Courts examine the content of the messages, the frequency and timing of communications, whether the recipient asked the sender to stop, and the context of the parties' relationship.

Defending Against Harassment Allegations

Effective defenses may include showing the communication was not made with purpose to harass, that the communication was a single incident and not a course of conduct, that the defendant was exercising their constitutional right to free speech, or that the alleged conduct does not rise to the level of harassment under the statute.

This article is for general informational purposes only and does not constitute legal advice.