How to Get a Sexual Assault Restraining Order in New Jersey
Sex Crime Protective Order Lawyers in Jersey City, NJ
To get a sexual assault restraining order in New Jersey, you must file an application for a temporary protective order in the county where you live, where the other party resides, where the offense took place, or where you are being sheltered. You can go to the local police department, municipal court, or the county Superior Court. New Jersey Court Rule 5:7B governs the rules and procedures for obtaining a sexual assault protective order in NJ and is explained in greater detail below. If you need additional information about obtaining a sexual assault restraining order in New Jersey, the knowledgeable attorneys at The Tormey Law Firm are here to assist you. We have helped numerous clients in similar situations in Jersey City, Hackensack, Elizabeth, Morristown, Newark, Paterson, and throughout New Jersey. We understand you may be overwhelmed and afraid, which is why we will walk you through every step of the legal process. Contact us now at (908)-336-5008 for a free consultation with an experienced NJ sexual assault restraining order attorney.
I Need a Sexual Assault Restraining Order in New Jersey
If you have been the victim of a sexual offense in New Jersey, you may want to file a protective order under the Sexual Assault Survivors Protection Act (SASPA). This law provides individuals who don’t qualify for a domestic violence restraining order with the ability to obtain a civil order of protection. In order to get a sexual assault protective over, you must have been the victim of nonconsensual sexual contact, lewdness, or sexual penetration by another person. If you are under the age of 18, your parent or guardian will need to file the application on your behalf. As mentioned, you can file for a temporary protective order in the county you live in, where the other person lives, where the offense occurred, or where you are currently seeking shelter.
According to Court Rule 5:7B, a person who files an application for a temporary protective order must appear before a judge or a domestic violence hearing officer to personally testify or sign a sworn statement that will be communicated to the judge electronically. Upon reviewing your testimony, the judge will decide to issue a temporary protective order if he or she determines that:
- You have been the victim of nonconsensual sexual contact, sexual penetration, or lewdness, or an attempt at such conduct; and
- The order is necessary to protect your safety and wellbeing.
If a temporary protective order is issued, a final hearing must be held within 10 days. During this timeframe, the offender is prohibited from contacting you in any way. They cannot come to your home, work, school, or any other locations you frequent. The judge may also include protected persons in the order, which are people close to you that the defendant cannot contact. For instance, the defendant may be barred from contacting your children, family, or other loved ones. Once the temporary protective order is in effect, the abuser can be arrested and charged with contempt if they violate any of its rules.
Get a Sexual Protective Order Hoboken NJ Attorneys
If you need help filing a protective order in New Jersey, contact the Tormey Law Firm today at (908)-336-5008. We provide consultations free of charge and will answer all of your questions.