For many, going through a divorce in and of itself is incredibly stressful. However, when you are experiencing harassment from your soon-to-be-ex spouse, it can make matters even worse. If you are in this unfortunate situation, you may be at a loss for where to turn. The following blog explores what you must know about these matters and the importance of working with a Somerset County divorce lawyer to guide you through these difficult times.
What Constitutes Harassment?
Many are unaware of the fact that harassment is an actual crime and that only certain behaviors warrant a harassment offense in New Jersey. The statute that defines harassment is broad, meaning that a considerable amount of actions can be considered harassment. These include, but are not limited to, the following:
- Making communications with the intent to annoy or alarm the recipient, or messages using offensive language.
- Kicking, hitting, striking, or any other kind of offensive touching may be considered harassment. These actions are more commonly charged as simple assault, but if no bodily injury occurs, it can be considered a harassment offense.
- Repeatedly engaging in alarming conduct with the intent to annoy or alarm someone.
As such, if you are going through a bitter divorce, your ex may engage in any of the aforementioned behaviors. For example, they may phone you repeatedly and call you offensive and inappropriate names or continually show up to your home to try to talk to you. Both of these behaviors can warrant harassment charges.
In New Jersey, harassment is most commonly considered a disorderly person’s offense, which is considered a petty crime. However, this can carry up to thirty days in jail. If your ex is currently on probation or parole, however, this can raise to a fourth-degree offense, warranting up to 18 months in prison.
What Can I Do to Get My Ex to Stop?
Harassment can have a serious impact on your life, especially when you’re already navigating a stressful divorce. As such, understanding what you can do to stop the harassment is critical. It’s important to understand that you should document instances of harassment, as the court will not simply take your word that your ex is harassing you without evidence. You should keep a file of screenshots of harassing messages, the date and times at which instances occur, and even the contact information for witnesses who can speak on your behalf.
Once you have gathered the necessary documentation, you can file a petition for a protection order against your spouse. In the meantime, the court may grant you a temporary restraining order while they investigate the alleged harassment. However, in some circumstances, such as having strong evidence, the judge may issue an order that would result in your ex being criminally charged for violating the orders. This is typically only granted in instances where the court believes you or your children are in immediate danger.
When you’re facing harassment from your spouse during a divorce, it’s critical to note that you don’t have to go through this process alone. At the Siragusa Law Firm, we understand how overwhelming these matters can be. That is why our team will do everything possible to guide you through these difficult times. Contact us today to learn how we can help you if you are being harassed by your spouse.
