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EspañolWhat is a protective order for sexual offenses, stalking, or cyber-harassment?
A protective order for sexual offenses, stalking, or cyber-harassment, also known as a VASPA order, is a court order that can protect victims of actual or attempted nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment.1 If you do not qualify for a domestic violence restraining order because you do not have the required relationship to the abuser, then you may qualify for a protective order for sexual offenses, stalking, or cyber-harassment.
1 N.J. Stat. § 2C:14-14(a)(1)
What are the legal definitions of nonconsensual sexual contact, sexual penetration, lewdness, stalking, and cyber-harassment?
To qualify for a protective order for sexual offenses, stalking, or cyber-harassment, you must be the victim of actual or attempted nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment by someone who is not a current or former intimate partner.1 You can read the definitions of these crimes on our Selected New Jersey Statutes page.
1 N.J. Stat. § 2C:14-14(a)(1)
What types of protective orders for sexual offenses, stalking, or cyber-harassment are there? How long do they last?
In New Jersey, there are two types of protective order for sexual offenses, stalking, or cyber-harassment: temporary and final.
Temporary ex parte protective order (TPO)
When you file a petition for a protective order for sexual offenses, stalking, or cyber-harassment, you can ask for a temporary ex parte protective order to be issued immediately. A judge can grant you a TPO if the judge decides it is necessary to protect your safety and well-being.1 The judge can issue this order without the abuser having prior notice or being present at the hearing. The hearing for the final order will be scheduled within ten days of filing your petition.2 Your TPO will remain in effect until the hearing, at which time the judge will decide whether or not to grant you a final order.3
Final protective order (FPO)
After a hearing in which you and the abuser both have an opportunity to tell your side of the story through testimony, evidence, and witnesses, a judge can grant you a final protective order. The judge can only grant an FPO if:
- the judge believes that the abuser committed or attempted to commit an act of nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment against you; or
- the abuser admits to the behavior.4
The FPO remains in effect until the judge says otherwise. In other words, there is no set end date to a protective order for sexual offenses, stalking, or cyber-harassment. The only way it will end is if either party files a petition to dissolve it and, after a hearing, the judge agrees. 5
1 N.J. Stat. § 2C:14-15(a)
2 N.J. Stat. § 2C:14-16(a)
3 N.J. Stat. § 2C:14-15(d)
4 N.J. Stat. § 2C:14-16(e)
5 N.J. Stat. § 2C:14-16(i)
What protections can I get in a protective order for sexual offenses, stalking, or cyber-harassment?
A temporary protective order can order the abuser not to:
- commit or attempt to commit any future act of nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment against you;
- have any contact with you or other people named in the order;
- enter your or your family or household members’ residence, property, school, or place of employment;
- come near any specific place identified in the order that you or your family or household members frequently go to;
- follow you or threaten to harm, stalk, or follow you;
- commit or attempt to commit an act of harassment against you; and
- personally, or through another person, start any communication that is likely to cause annoyance or alarm to you, your family members, or their employers, employees, or fellow workers, an employee or volunteer of a sexual assault response organization that is providing services to you, or others with whom communication would be likely to cause annoyance or alarm to you. The type of communication could include personal, written, or telephone contact, or contact through electronic devices. 1
A final protective order must include the protections in numbers 1 and 2 above,2 and might include the protections in numbers 3 through 7 above, if the judge decides each is necessary.3
Note: For either a TPO or FPO, the judge can also order any other relief that s/he decides is appropriate.4
1 N.J. Stat. § 2C:14-15(e)
2 N.J. Stat. § 2C:14-16(e)
3 N.J. Stat. § 2C:14-16(f)
4 N.J. Stat. §§ 2C:14-15(e)(6); 2C:14-16(f)(5)
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
