When New Jersey's legislature enacted greater restraining order protections for pregnant people and their fetuses, it created a greater need for skilled and experienced restraining orders and domestic violence defense. If you face a New Jersey restraining order, call 888.535.3686 now or fill out our contact form online, retain the Lento Law Firm's skilled Criminal Defense Team to protect your freedom and other rights.

New Jersey Adopts Increased Protections

When New Jersey Governor Phil Murphy signed S-1517 into law, it renamed the Sexual Assault Survivor Protection Act (SASPA) as the Victim's Assistance and Survivor Protection Act (VASPA). The law significantly expands both (1) the people who can qualify for a court restraining order and (2) the alleged wrongs that can trigger a restraint. Recently, additional increased protections have been provided to pregnant people that now include their fetuses, creating more restrictive restraining order terms, increasing your risk in defending yourself against restraining orders.

Individuals the New Law Protects

Before the amendments, the former SASPA generally protected only victims with whom the accused had a current or former family relationship, intimate relationship, or child. Under the new law, VASPA now also protects individuals victimized through qualifying abusive behaviors without regard to their current or prior relationship status to the accused wrongdoer. Advocates for the bill pointed to victims of domestic and sexual violence who had no prior relationship with the wrongdoer.

Previously, pregnant people seeking a restraining order only had protections for themselves and were required to return to the process once their fetus was born to seek a restraining order for the infant. Now that restraining orders can include both the pregnant person and their infant the risk increases in defending yourself and your reputation.

Actions Triggering the New Law's Protection

Before the amendments, the former SASPA generally protected only victims alleging domestic violence or sexual violence. VASPA now also protects victims alleging stalking and cyber-harassment, coercive control and both pregnant people and their unborn child. Once again, advocates for the new law pointed to victims of stalking and cyber-harassment who did not suffer domestic violence or sexual violence but needed protection.

Greater Defense Risks

By significantly expanding both the individuals who can qualify for a restraining order and the actions that can trigger restraints, the new law vastly increases the risk of restraints that can cripple the accused person's relationships, reputation, and employment. Restraining orders can evict the accused wrongdoer from the accused's home, deprive the accused of personal property, interfere with the accused's relationship with children and other family members, and prevent the accused from entering schools or workplaces.

Now, under VASPA law, no longer must you face criminal domestic violence or sexual assault charges or allegations by a family member or intimate partner to suffer a severe restraint on your liberties. Virtually anyone can accuse you of domestic violence, cyber-harassment, or stalking based on conduct that does not even indicate violence or a propensity toward violence. That the protections now include an unborn child in addition to the pregnant person means increased severity of charges and risk to your reputation.

Skillful Restraining Order Defense Available

If you face a New Jersey restraining order, immediately retain the Lento Law Firm's Criminal Defense Team to challenge the order and its terms. Call 888.535.3686 now, or fill out our contact form online for the representation you need for your best possible outcome to serious criminal charges in New Jersey.