New Jersey Expands Protections for Victims of Domestic Violence

Under the New Jersey Protection from Domestic Violence Act (PDVA), a victim of domestic violence can only apply for a Restraining Order if certain jurisdictional elements are met. These requirements prevent some victims from obtaining a Restraining Orders as the PDVA requires that a victim have a certain underlying relationship with their abuser.  Specifically, the PDVA only applies in cases where the parties are married; divorced; have lived together in the same household;  had a dating relationship; or have a child in common or anticipate having a child in common. This obviously does not cover all victims.

In December of 2023 the New Jersey Legislature partially closed this loophole through the passage of a new law: Victim’s Assistance and Survivor Protection ACT (VASPA) which specifically provides victims of sexual contact, sexual penetration, lewdness, cyber-harassment, or stalking, the ability to obtain an Order of Protection regardless of the nature of their relationship with their abuser.

Notably, PDVA provides relief to a broader scope of victims (such a victims of harassment, assault, terroristic threats, kidnapping, criminal mischief, etc.), whereas VASPA applies only to victims of sexual abuse, stalking and cyber-harassment.

PDVA also only permits individuals who are over the age of 18, or who are an emancipated minor, with the ability to obtain a Restraining Order. VASPA permits a parent or guardian to obtain an Order of Protection on behalf of a minor child who has been the victim of sexual contact, sexual penetration, lewdness, cyber-harassment, or stalking.  While this is again a positive development, it still highlights the need for additional reform as non-emancipated minors who are victimized in other ways are still unable to obtain a Restraining Order unless they have the required underlying relationship with their abuser .

The interplay between PDVA and VASPA are unfortunately somewhat complex and do not cover all scenarios. You should consult with an attorney who advise you of your rights and assist you in navigating these issues. The attorneys at Maleski, Eisenhut & Zielinski LLC are all experienced family law attorneys who can navigate you in these difficult matters and seek the protections that you need.