Our Ocean County Criminal Lawyers know that bullying is problem.
Did you know that a bullying lawyer can assist you?
Our experienced stalking-bullying attorneys can assist you right here at our Monmouth County Law Firm. New Jersey’s legislature has strengthening standards for preventing, reporting, investigating, and responding to incidents of bullying in order to help to reduce the risk of suicide among students and avert not only the needless loss of a young life, but also the tragedy that such loss represents to the student’s family and the community at large.
In other words, the State has identified that bullying is a big problem.
At Riviere Cresci & Singer LLC, we know that if you want results, you need criminal defense attorneys and you need criminal law masters to handle every detail of your case.
Call Riviere Cresci & Singer LLC right away to speak with a criminal defense lawyer.
Under N.J.S.A. 18A:37-15, each school district is granted local control over the contents of the policy and ancillary procedures, but, at a minimum, the ten components listed in the authorizing statute must be included in a school district’s policy prohibiting harassment, intimidation and bullying.
Some of the provisions of the authorizing statute call for the school district to stipulate the consequences and appropriate remedial actions for the following instances:
1) persons violating the policy;
2) persons who engage in reprisal or retaliation against someone who reports a violation of the policy; and
3) persons who falsely report allegations of harassment, intimidation or bullying as a means of retaliation or as a means of harassment, intimidation or bullying.
Another provision of the statute requires the school district’s policy to articulate the range of different measures a school will take to respond to violations of the policy. This is according to New Jersey’s “Anti-Bullying Bill of Rights Act.”
When the School fails at its mandated task, parents and guardians may want to find an alternative to a bullying problem that the school district can’t seem to handle. New Jersey’s stalking law (N.J.S.A. 2C:12-10) is a law that can be used to deter bullying in severe cases.
N.J.S. 2C:12-10, specifies that a person is guilty of stalking if they intentionally engage in a course of conduct directed at a specific person that would cause a reasonable individual to fear for their safety or suffer other emotional distress. This is deemed to be a crime in the fourth degree. It is upgraded to a third degree offense for subsequent convictions, if the offender is in breach of an order prohibiting such behavior or is on parole for any offense. (Upon a conviction, such conviction is considered grounds for a permanent restraining order and is applied automatically upon a guilty plea or sentencing, unless the victim requests otherwise.)
Example: The Dreaded walk home or bus ride home from school -Your son or daughter is being followed home by a particular bully and is fearful for their safe passage home or is being subjected to sever emotional distress. N.J.S.A.2C:12-10.2, possibly could be used to obtain a protective order from the Court to stop such behavior. Once the protective Order is in place a violation of such an order would subject the violator to the criminal or juvenile justice system.
In any case involving an allegation of stalking in which the victim is a child under the age of 18 or is developmentally disabled as defined N.J.S.A. 5:5-44.4, or where the victim is 18 years of age or older and is mentally defective as defined in N.J.S.A. 2C:14-1h, the court may issue a temporary restraining order against the defendant prohibiting contact between the defendant and the victim. This directive sets out the procedures to be followed in such situations.
N.J.S.A. 2C:12-10.2, specifies that its provisions are in addition to, not in lieu of, the pre-existing law that provides that a judgment of conviction for stalking automatically operates as an application for a permanent restraining order (N.J.S.A.2C:12- 10.1).
A parent or guardian may seek relief on an emergent ex parte basis, with the judge to make the decision regarding the emergent relief “forthwith.” If the judge determines that the child or mentally defective adult is in danger of being stalked by the defendant, the judge is to issue a temporary restraining order limiting defendant’s contact with the person being stalked. The court also may grant any other relief specified in the stalking law.
When your child is being bullied via the internet there is also law in New Jersey which affords your child protection via New Jersey’s Cyber harassment laws. A person commits cyber-harassment much the same as in the “the dreaded walk/bus ride home” scenario. Except now the “cyber-bully” can continue their abhorrent behavior, virtually, through the internet and cyber space with the same purpose to emotionally harm your child.
N.J.S.A. 2C:33-4.1, specifies that a person commits the crime of cyber-harassment if, while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person:
(1) threatens to inflict injury or physical harm to any person or the property of any person;
(2) knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or
(3) threatens to commit any crime against the person or the person’s property.
If you feel at loss to save your child from a relentless bully and are looking for experienced cyber bullying attorneys to help put a stop to a bully, call our law firm today for a consultation about your situation.