REFRESHER ON PROTECTIVE ORDERS
We’re passing along this helpful information from one of the prosecutor’s office, as it may be helpful to clarify VASPA protective orders and violations thereof.
“The Victims Assistance Survivor Protection Act (VASPA) went into effect on January 1, 2024. It took the place of the Sexual Assault Survivor Protection Act, which previously only allowed victims of sexual offenses to obtain protective orders against their perpetrators. VASPA expanded the scope to allow victims of stalking and cyber-harassment to now apply for protective orders. These are similar to DV restraining orders, in that a temporary protective order (TPO) issues first, that order is served on the defendant, and a final order hearing is held within 10 days. If a final protective order (FPO) issues, that order remains in effect forever, unless the victim applies to a court to dissolve the order. The predicate acts must have occurred on or after 1/1/24; prior acts cannot be considered.
If a defendant violates the provisions of the TPO or FPO, that defendant can be charged with a contempt under 2C:29-9(d). It is a disorderly persons offense, which is prosecuted in Family Court. However, if the defendant commits an offense while violating a TPO or FPO, it is a 4th degree contempt, which is prosecuted in Criminal Court. In all such cases, there needs to be probable cause that the defendant was served with the protective order before a complaint can be approved.”