Change in Law that will expand the Potential to Obtain a Restraining Order
November 27, 2024 Posted inNew Jersey Governor Phil Murphy signed S-1517 into law on July 24, 2023, to amend the current statutory law, known as the “Victim’s Assistance and Survivor Protection Act” or VASPA. The new law expands the protections for victims seeking a restraining order. Under previous state law, a court could only issue protective orders if there was a criminal conviction or if the victim and the accused had a prior dating relationship or a familial tie, such as sharing a child. Governor Murphy stated, “After hearing the horrifying stories of victims, like Michele Albano’s daughter- who inspired this bill- our Administration recognized the need to expand access to protective orders to more than just victims of domestic and sexual violence.”
Further, the new law provides key definitions for:
(a) “Stalking”
(b) “Repeatedly”
(c) “Emotional distress”
(d) “Cause a reasonable person to fear”; and
(e) “Cyber-harassment”
In New Jersey, there are two types of restraining orders (P.L. 2023, Chapter 127):
• A Temporary Protective Order (TRO). A temporary protective order can be issued when necessary to protect the safety and well-being of an alleged victim on whose behalf the relief is sought. The court will render a decision on the application and issue a temporary protective order, where appropriate, in an expedited manner. This offers immediate, temporary protection for the victim from having further contact with the person.
• Final Protective Order (FRO). A final restraining order makes the temporary protective order permanent. A hearing shall be held within 10 days of the filing of an application in the county where the temporary protective order was issued.
The process to apply for a restraining order under the newly expanded law is similar to the process involved with a Family Part TRO, but not the same. Important differences include how and where the application is filed. Like a domestic violence final order, an FRO under the new law does not expire unless changed by the Court.
1. To apply for a restraining order, you must first apply for a preliminary or temporary restraining order. You can go to your local courthouse and a staff person can assist you with filling out an application. It is important to specify you are requesting a restraining order under the new VASPA law and not under the family domestic violence law. If you qualify under the traditional family domestic violence laws, you must file for an order of protection under those laws and not VASPA.
2. A VASPA order can only be evaluated at the Superior Court. Unlike a domestic violence order where you can apply at a local police station and municipal court, you must apply for a VASPA order at the Superior Court courthouse.
3. If the court issues a temporary restraining order, another hearing will be scheduled within ten (10) days after the defendant is served and you must attend to prove you qualify for a final order of protection. Both parties have the right to a lawyer.
4. If the other party does not appear, you must still prove to the court you qualify for a final protective order. If the other party appears, the court will hear from both sides and determine if there is sufficient proof to issue a final order. A party seeking a final part must show proof that is more likely than not or, by a preponderance of the evidence, they meet the test for an order of protection.
5. If the judge grants the restraining order, it becomes permanent and does not expire unless changed by the court.
Landlords and community associations should know how this new law works, as it could impact their operations if a situation arises where a restraining order would be necessary.
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.