New Jersey recently enacted a new law that provides protection to victims of sexual assault and other sexual offenses in the state. Under the new Victim Assistant Survivor Protection Act (VASPA), victims of sexual and stalking offenses can obtain a restraining order regardless of their relationship with their abuser, harasser or stalker. The stalker can be complete stranger or someone you know and refused to date or enter into a relationship with. For example, celebrities such as Taylor Swift, Harry Styles, Ariana Grande, Selena Gomez, Colin Farrell and Emma Watson have all been stalked by strangers. Under this new law, if they resided in New Jersey and were stalked they could obtain a restraining order.
These include nonconsensual sexual contact or sexual penetration, lewdness, stalking, and cyber harassment. A VASPA order prohibits the defendant from committing these acts again and can also prohibit the defendant from contacting the victim directly or through a third party, going to certain places like the residence, school, or place of work of the victim, and other relief the Court deems appropriate. A VASPA order creates criminal and civil penalties for individuals who violate the order. These penalties may include arrest, fines, probation or jail time.
If someone has obtained a VASPA restraining order against you, we encourage you to speak with an attorney about defending yourself.
New Jersey’s Victim Assistant Survivor Protection Act (VASPA) took effect on January 1, 2024. As a result, victims of sexual offenses in New Jersey can seek protection under the new law immediately. Once again, a relationship with the abuser, harasser or stalker is no longer required. no matter your relationship or lack of one, a person can obtain a restraining order against you.
If a final protective order under VASPA, is issued against you, it will remain in place indefinitely. As the New Jersey Attorney General’s Office explains, the protections in a VASPA order “exist forever, unless a party seeks to dissolve or amend the order before the judge.”
A person can obtain a restraining order against you if they can prove by a preponderance of the evidence that you have sexually assaulted, cyber harassed or stalked them. The burden of proof is much lower than the criminal beyond a reasonable doubt standard.
The New Jersey Superior Court has held that a permanent restraining order can be issued against you if the plaintiff or accuser proves that you either sexually assaulted or cyber harassed or stalked them. The Supreme Court of New Jersey has held that in addition a court must consider whether there is a chance that a survivor may be exposed to physical danger, risk or injury, or may be exposed to something emotionally unwelcome or unpleasant that could make them feel uncomfortable, unhealthy, or unhappy. Because the language of this factor is centered on the safety or well-being of the victim-survivor, a survivor’s own testimony regarding possible future risks to their safety or emotional well-being can suffice. C.R. v. M.T., 257 N.J. 126, 146 (2024). Clearly this language is ambiguous and can include many circumstances that one of our attorney’s can evaluate and plan a defense against.
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