Understanding Protective Orders: Differences Between VASPA and PDVA Explained

Did you know you can obtain a protective order against someone under the Victim’s Assistance and Survivor Protection Act (VASPA) even if you don’t qualify for one as a victim of domestic violence under the Prevention of Domestic Violence Act (PDVA)?

How Are the PDVA and the VASPA Different?

1. Effective January 1, 2024, the VASPA provides that “a victim of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or stalking or cyber-harassment” may apply for a Temporary Protective Order (TPO) against the perpetrator.
2. Under the PDVA, domestic violence can be harassment, assault, terroristic threats, criminal mischief, criminal restraint, false imprisonment, burglary, kidnapping, criminal trespass, criminal coercion, homicide, robbery, contempt of a domestic violence restraining order, stalking, cyber-harassment, sexual assault or any other crime involving risk of death or serious bodily injury.
3. Under the PDVA, in order to obtain a Temporary Restraining Order (TRO), a victim must be age 18 or older and must have been a past or present household member or spouse or former spouse or regardless of age, must have been in a dating relationship with or share a child with the perpetrator.
4. Under the VASPA, a victim over the age of 18 can apply for themselves while a parent or guardian can apply for those victims under the age of 18 or those victims who aren’t capable of understanding the perpetrator’s conduct.
5. Even if you aren’t a household member, spouse or significant other of a perpetrator, you can still apply for and obtain a TPO.

How Are the PDVA and the VASPA Similar?

1. Under both Acts, the crimes of stalking, cyber-harassment, lewdness and sexual assault can be a basis for obtaining either a TPO or TRO.
2. A victim can file in the Family Division where either party resides or where the alleged act occurred.
3. Both Orders can be converted to a Final Protective Order (FPO) or Final Restraining Order (FRO), respectively. You would then be protected at your residence, your place of employment or any other location deemed necessary for your protection. 4. Once final, the Order lasts forever and is enforceable not only in New Jersey but also nationally.
5. The experienced attorneys at Gruber, Colabella, Thompson, Hiben & Montella can represent you as a victim or alleged perpetrator under either Act.

Call us today at (973) 398-7500, visit our office in Hopatcong, or fill out our contact form to learn how you can receive a free consultation to discuss your legal needs with one of our attorneys.