New Jersey Expands Protections For Victims of Stalking And Cyber Harassment

An explanation of New Jersey’s expansion of the application of civil protection orders and differences between the Protection of Domestic Violence Act (VDVA), Sexual Assault Survivor Protection Act (SASP) and the Victims Assistance and Survivor Protection Act (VASPA) 

The Prevention of Domestic Violence Act (PDVA) 

Until recently, New Jersey allowed civil protection orders (commonly referred to as “Restraining Orders”) to be issued, but only for victims of domestic violence, which required a domestic relationship.  For example, if you hate your neighbor because they are always harassing you, you cannot get a restraining order issued against them because you do not have a domestic relationship with that person.  

The authority to issue restraining orders in New Jersey comes from the Prevention of Domestic Violence Act (“PDVA”).  The PDVA allows for the following victims to seek and obtain a restraining order: 

1. Any person who is 18 years of age or older, or who is an emancipated minor, and who has been subjected to domestic violence by: 

• • A spouse; or
  • A former spouse; or
  • Any other person who is a present household member or was at any time a household member, or

2. Who, regardless of age, has been subjected to domestic violence by a person: 

• • With whom the victim has a child in common; or 
  • With whom the victim anticipates having a child in common, if one of the parties is pregnant; or 
  • Has been subjected to domestic violence by a person with whom the victim has or has had a dating relationship.  

Prior to the recent amendments set forth below, in the absence of qualifying as one of the individuals set forth in the PDVA, civil protection orders were not available unless criminal charges were issued.   

Sexual Assault Survivor Protection Act (SASPA) 

In May, 2016, New Jersey enacted the Sexual Assault Survivor Protection Act (“SASPA”), which expanded the application of restraining orders.  SASPA allows victims of sexual violence to apply for a protective order if they do not qualify for a domestic violence restraining order under the PDVA. Prior SASPA, a victim of an act of sexual violence, who did not qualify for a PDVA restraining order, could only apply for a civil protective order if a criminal charge was filed.  SASPA allows for victims to apply for a civil protective order even in the absence of the issuance of criminal charges. 

Victim’s Assistance and Survivor Protective Act (VASPA) 

Effective January 1, 2024, new legislation labeled the Victim’s Assistance and Survivor Protection Act (“VASPA”) provides previously unprotected victims with an avenue to allege certain predicate acts of domestic violence, such as stalking and cyber harassment. This legislation supersedes SASPA by providing the same protections as SASPA while expanding protection orders under the PDVA.  

VASPA allows the Superior Court to issue civil protective orders for not only acts of sexual violence, but also acts of stalking and cyber-harassment.  This allows for certain victimized persons, who previously could not seek protections under the PVDA due to the lack of a familial or dating relationship between the victim and offending actor, to obtain a civil protection order.  

Familial or “dating relationship” terms previously narrowed the scope of victims who could seek protective orders. Stalking and Cyber Harassment are generally offenses where the alleged victim does not have either a familial or dating relationship with the alleged perpetrator of the offense. VASPA provides an avenue for victims in this situation to seek a protection order.  

Consult Rosenberg | Perry & Associates, LLC Today 

If you or someone you know has been issued a civil protective order and/or criminal charges, you may be unsure where to turn first. Get the answers to all your questions about your legal matter. Contact our office today at (609) 216-7400 or contact us online and learn what we can do to help.