A little-known statute that offers significant protection to survivors of sexually related crimes in New Jersey is the Victim’s Assistance and Survivor Protection Act (VASPA).
The VASPA statute is not nearly as well known as the Prevention of Domestic Violence Act (PDVA). In order to seek protection under the PDVA, the parties must have an existing domestic relationship that qualifies them for protection such as a marriage, a dating relationship or residence in the same household. The PDVA allows victims to seek a Temporary Restraining Order (TRO), which provides very similar relief as a TPO.
The Act was originally known as the Sexual Assistance and Survivor Protection Act (SASPA). Enacted in 2016, SASPA provided protection for victims of non-consensual contact, sexual penetration and lewdness. When the act was expanded in 2024 to also include cyber-harassment and stalking, the statute was retitled VASPA.
VASPA provides protection for survivors who fell through the cracks of the PDVA, mostly victims of sexual crimes who did not have a qualifying relationship with their aggressors. For example, after the statute, survivors of sexual assault in colleges, commonly referred to as “date rape” scenarios, could now apply for protection from their attackers. It also allows those survivors who have been victimized by neighbors, co-workers or members of their family who are not household members to seek a TPO.
For those who cannot seek protection under the domestic violence statutes in New Jersey, victims of sexual offenses, like non-consensual sexual contact and lewdness as well as cyber-harassment or stalking, can seek protection in the form of a TPO under VASPA. A TPO protects a victim against future acts of violence and also prohibits any contact between the victim and the defendant. The defendant is also prohibited from appearing at the survivor’s home, school and workplace. Applicants must be at least 18 years old to apply for a TPO, but a parent or guardian can apply on behalf of minors.
A TPO remains in place for a period of approximately ten days. At the conclusion of the ten days, the court will schedule a hearing date at which time a survivor may elect to dismiss the TPO (if he/she is no longer in fear of additional violence). Alternatively, the applicant may request that the TPO be converted into a Final Protective Order (FPO), which is a limited evidentiary hearing, held by the Court if the application requests to move forward with an FPO. At the FPO Hearing, the court will consider evidence and hear testimony in order to determine whether the protective order should be made final. If an FPO is ultimately entered in the matter, it is permanent and could possibly last for the rest of the applicant’s life. There is no sunset provision that automatically terminates the FPO after a certain number of years.