On November 28, 2011, the Assembly Judiciary Committee voted unanimously on a bill that would authorize victims of stalking to sue for monetary damages.

A-4086 would allow victims to recover monetary awards from their stalkers if the victims are placed in reasonable fear. Monetary awards may include damages resulting from the stalking, punitive damages, and costs of the suit. The committee has even supported an amendment to attach attorneys' fees for a successful plaintiff.

The bill codifies the definition of stalking in N.J.S.A. 2C:12-10: "purposefully or knowingly engaged 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." Conduct that could potentially lead to civil charges includes, but is not limited to, actual harassment, or even "repeatedly maintaining a visual or physical proximity."

Under the bill, it is not necessary that the alleged stalker face criminal conviction, or even criminal charges. The bill takes heed of the fact that proving criminal culpability is difficult to establish because evidence of stalking is not readily available. The bill, therefore, seeks to expand the recovery available for victims.

Under the bill, a civil suit for stalking would have a two year statute of limitation.

For more information about this bill and/or your rights, call Mark & Galusha, LLC, attorneys located throughout New Jersey, including Bound Brook and Somerville. Contact us at 908-626-1001 or by clicking the "contact us" page and telling us your story.