New Jersey Sexual Assault Survivors Protection Act (SASPA)
Sexual Assault Protective Order Lawyers in Morristown, NJ
The Sexual Assault Survivors Protection Act of 2015 (SASPA) is a law that protects victims of sexual offenses who do not qualify for a domestic violence restraining order in New Jersey. SASPA went into effect on May 9 2016, allowing victims of sex crimes who did not fall under the jurisdiction of the New Jersey Prevention of Domestic Violence Act to obtain orders of protection against their abusers.
According to the Sexual Assault Survivors Protection Act (N.J.S.A. 2C:14-13 – 2C:14-21), a victim of nonconsensual sexual contact doesn’t have to file criminal charges in order to obtain a civil order of protection. This is important because many times, sex crime victims don’t want to go through the criminal process but want to feel safe.
At The Tormey Law Firm, our attorneys understand the extreme strain placed on victims of sexual offenses. We are here to answer any questions you may have about sexual assault protective orders in New Jersey. If you choose to file a sexual restraining order, we will fight for your rights. Contact us anytime at (908)-336-5008 for a free consultation and continue reading for more information about the NJ Sexual Assault Survivors Protection Act.
NJ Sexual Assault Protective Order Law: N.J.S.A. 2C:14-13
The New Jersey Sexual Assault Survivors Protection Act gives a victim the opportunity to secure a protective order against a person who committed a sexual offense against them. There is not relationship requirement to get a sexual assault protective order, meaning you can get one against stranger as long as you provide some identifying information to police. The intention of SASPA was to close a gap in the current domestic violence system in New Jersey, which wasn’t protecting sex crime victims who weren’t considered “victims” of domestic violence.
Under this new law, anyone who was the victim of sexual contact, penetration, or lewdness can obtain an order of protection against their abuser. For instance, if the person who violated you was a classmate but you never dated, you can still get a sex crime restraining order against them. The same goes for neighbors, co-workers, and others who don’t meet the criteria for a domestic violence relationship. Victims of sexual offenses do not have to file criminal charges to get a sex crime protective order under the Sexual Assault Survivors Protection Act.
After filing a temporary protective order, you will have a hearing on the final protective order within 10 days. During the hearing, the judge will determine if there is grounds to issue a final protective order. The factors considered for a final protective order include, but are not limited to:
- An act of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt to commit such conduct against the victim occurred; and
- The possibility of future risk to the safety or well-being of the victim.
If a victim obtains a sexual assault protective order, the offender will be prohibited from contacting or going anywhere near the victim. This includes the victim’s home, workplace, school, and other places they regularly visit. The offender will be prohibited from contacting the victim in any way, including in person, by phone, via email, through text message, or through social media. If the perpetrator violates the protective order, they can be arrested and charged with criminal contempt.
Contact a Morris County NJ Sexual Assault Protective Order Attorney for Help
For additional information regarding sexual assault protective orders in NJ, contact the Tormey Law Firm directly at (908)-336-5008. Our attorneys are available immediately to assist you and the initial consultation is always provided free of charge.
