For years, New Jersey has been widely regarded as one of the staunchest defenders of victims of domestic violence. Unlike other states, a victim who obtains a Final Restraining Order (FRO) in New Jersey has that FRO indefinitely (and frequently, forever). There is no “sunset” provision automatically terminating the FRO after a certain number of years, nor is there a requirement that you demonstrate after a period of time that the FRO is still needed. However, as strong as protections for victims of domestic violence have been, New Jersey had significant loopholes where a person did not meet the definition of a victim under the domestic violence statute.

In 2015, the legislature took steps to close those loopholes when it passed SASPA, the Sexual Assault Survivor Protection Act of 2015, which created an avenue to obtain a civil restraining order (called a Final Protective Order, FPO, instead of FRO) even if you did not have a domestic relationship (household member, dating relationship, child in common) with your abuser. However, as the name implies, this avenue was only available for victims of crimes of a sexual nature—sexual assault, sexual contact, lewdness, and/or an attempt at one of those offenses. This continued to leave a broad swath of New Jersey victims of abuse with no recourse. What about the man whose neighbor harasses him and his children by screaming profanities every time he sees them? Or the woman with a stalker who is not a household member, significant other or with whom she has a child, e.g., a classmate or neighbor? Or, to use a more real-world example, what recourse would celebrities from Hugh Jackman to Taylor Swift have if some random fan was stalking them every time they came to New Jersey?

VASPA was drafted and passed to close further loops for victims of abuse and has replaced and expanded SASPA. The relief provided is still a civil restraining order—an FPO and not a FRO. Under VASPA, an individual who is a victim of stalking or cyber harassment and does not fall under New Jersey’s definition of a victim of domestic violence can obtain an FPO. However, there are only two additional offenses that allow you to qualify—stalking and cyber harassment. General harassment was not included. So, the father whose neighbor is screaming profanities at him still doesn’t qualify. In addition, a bullied student cannot file for an FPO against another student if they are not an emancipated minor, nor can the bullied student file for an FPO against their cyber-bully unless the cyber-bully is 18.

While there is no “familial” relationship between victims and abusers in VASPA, the law has directed that the family court handle these matters, largely because the processes and procedures are so similar to those for Final Restraining Orders. Practitioners who have handled prior SASPA protective orders or domestic violence cases should be able to apply the same strategies to obtaining or defending against VASPA protective orders. But the family courts are already significantly understaffed and the number of domestic violence cases being filed has increased. So, there are concerns about how the family court will be able to handle more litigants and cases.

In the meantime, it’s important to remember—no, you cannot follow Ryan Reynolds around New Jersey anymore. And you probably never should have in the first place!

These cases are fast-moving and require a significant amount of resources to prepare for in a short amount of time. Given the seriousness of the issue (both for victims and for those accused), it is important that you have an attorney on your side to help you through the process and reach the best result for you and your children. Our attorneys have successfully tried both Final Restraining Order and SASPA cases and can offer various solutions to help you address VASPA-related concern. If you require assistance with a VASPA-related issue, do not hesitate to contact our family law team at 973.474.5003.