Under N.J. Stat. § 2C:14-14, individuals in New Jersey who are victims of non-consensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment, and who are not otherwise eligible for a restraining order under the Prevention of Domestic Violence Act (PDVA), may seek protective orders. This statute, formerly known as Sexual Assault Survivor Protection Act (SASPA), now known as the Victim's Assistance and Survivor Protection Act (VASPA), provides a civil remedy for victims. A 2023 amendment, which became effective on January 1, 2024, broadened the scope of N.J. Stat. § 2C:14-14 to include protection against stalking and cyber-harassment for victims who do not have a domestic or dating relationship with the defendant.
Eligibility
The statute applies to victims who do not qualify as "victims of domestic violence" under the PDVA. This includes individuals subjected to sexual violence in random encounters or relationships that do not meet the PDVA's criteria, such as dating relationships or shared household situations. N.J. Stat. § 2C:14-14.
Acts Encompassed by Statute
The statute applies to non-consensual sexual contact, sexual penetration, lewdness, stalking, and cyber-harassment, as well as attempts at such conduct. N.J. Stat. § 2C:14-14.
Types of Protective Orders
Temporary Protective Orders (TPOs):
- A TPO may be issued on an emergency, ex parte basis when necessary to protect the safety and well-being of the victim.
- Examples of relief under a TPO include forbidding the defendant from contacting the victim or entering the victim's residence, school, or workplace.
Final Protective Orders (FPOs):
- Upon an application for a final protective order, the court must hold a hearing within 10 days. N.J.S.A. 2C:14-16(a).
- The applicant must prove the allegations by a preponderance of the evidence.
- Relief under an FPO can include prohibiting contact with the victim, barring future acts of the covered conduct, and other protective measures.
Procedural Considerations
No criminal charges required: Protective orders may be issued regardless of whether criminal charges have been filed or their disposition, if filed. N.J. Stat. § 2C:14-14.
Confidentiality: The court must waive any requirement for the victim's place of residence to appear on the application. N.J. Stat. § 2C:14-14.
No fees/costs: Applicants are not required to pay fees/costs to seek a protective order . N.J. Stat. § 2C:14-14.
Summary
Overall, N.J. Stat. § 2C:14-14 provides a comprehensive framework for victims of sexual violence to obtain protective orders, ensuring their safety and addressing gaps left by the PDVA. If you are a victim of sexual violence, stalking, or cyber-harassment in New Jersey and are seeking a protective order, or if you have been served with a protective order, contact Mongiardo Law Group today at 973-298-4557 or online to schedule a free consultationonline to schedule a free consultation to discuss your situation with one of our experienced attorneys.
