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EspañolWho can get a protective order for sexual offenses, stalking, or cyber-harassment?
You can file for a protective order for sexual offenses, stalking, or cyber-harassment if you do not have an intimate relationship with the person who committed or attempted to commit an act of nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment against you.1 If the abuser is a former or current intimate partner, then you would file for a domestic violence restraining order instead.
A parent or guardian can file for a protective order for sexual offenses, stalking, or cyber-harassment on the victim’s behalf if the victim is:
- a minor;
- an adult with a developmental disability; or
- an adult with a mental condition that means s/he cannot understand the nature of his/her own actions.2
However, if the abuser is a minor and unemancipated, you would instead file a complaint under a proceeding that deals with juvenile delinquency. See section 2A:4A-30 on our Selected New Jersey Statutes page to read this part of the law.3
If the abuser is the parent, guardian, or other person having custody and control over the minor victim, the law requires that you instead report the abuse to the Division of Child Protection and Permanency in the Department of Children and Families for investigation and possible legal action.4
1 N.J. Stat. § 2C:14-14(a)(1)
2 N.J. Stat. § 2C:14-14(a)(2)
3 N.J. Stat. § 2C:14-14(b)(1)
4 N.J. Stat. § 2C:14-14(b)(2)
Can I file for a protective order for sexual offenses, stalking, or cyber-harassment if I am a minor?
You can file for a protective order for sexual offenses, stalking, or cyber-harassment if:
- a person 18 or over committed or attempted to commit an act of nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment against you; and
- you do not qualify for a domestic violence restraining order.
A parent or guardian can file for a protective order for sexual offenses, stalking, or cyber-harassment on your behalf if you are a minor.2 If the person abusing you is your parent, guardian, or another person having custody and control over you, however, the law requires that you or someone you know instead report the abuse to the Division of Child Protection and Permanency in the Department of Children and Families for investigation and possible legal action.3
If the person abusing you is a also minor and unemancipated, you would instead file a complaint under a proceeding that deals with juvenile delinquency. See section 2A:4A-30 on our Selected New Jersey Statutes page to read this part of law.4
1 N.J. Stat. § 2C:14-14(a)(1)
2 N.J. Stat. § 2C:14-14(a)(2)
3 N.J. Stat. § 2C:14-14(b)(2)
4 N.J. Stat. § 2C:14-14(b)(1)
Can I file against a minor?
If the person committing or attempting to commit an act of nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment against you is an unemancipated minor, you are required by the law to file a complaint under a proceeding that deals with juvenile delinquency - see section 2A:4A-30 on our Selected NJ Statutes page to read the law.1
1 N.J. Stat. § 2C:14-14(b)(1)
What are the steps involved with getting a protective order for sexual offenses, stalking, or cyber-harassment?
The steps to get a protective order for sexual offenses, stalking, or cyber-harassment are similar to the steps to get a domestic violence restraining order, but you may fill out different paperwork. If you have questions, you can call the clerk of court or talk to a lawyer. You can find the contact information for local courthouses on the NJ Courthouse Locations page and for lawyers on the NJ Finding a Lawyer page. You can also review the New Jersey Victim’s Assistance and Survivor Protection Act (VASPA) Filing Packet from the New Jersey Courts.
What if the abuser violates the order?
If someone purposely or knowingly violates a protective order for sexual offenses, stalking, or cyber-harassment, s/he could be guilty of the crime of contempt. When violating the order, if s/he also committed another crime or a disorderly persons offense, then the punishment for the crime of contempt could increase.1 You can read more about the punishment for the crime of contempt on our Selected New Jersey Statutes page.
You can call 911 immediately and the police may arrest the abuser. If the police do not have sufficient facts to arrest the abuser, you can file a criminal complaint in municipal court.2
1 N.J. Stat. §§ 2C:14-18(a); 2C:29-9(d)
2 N.J. Stat. § 2C:14-18(b)
