V.A.S.P.A. formerly known as the Sexual Assault Survivor Protection Act (or S.A.S.P.A.), has had an important amendment go into effect this month!
S.A.S.P.A. was passed into law in November 2015 and was enacted in May 2016. Its purpose was to expand opportunities for survivors of sexual violence who had no type of domestic relationship with their assailant, to apply for a protective order against their perpetrator, without reporting to law enforcement or filing criminal charges. The amendment will expand the scope of this act to apply the same procedures for obtaining protective orders for victims of stalking or cyber-harassment, whether or not there were any nonconsensual sexual encounter between the actor and victim. Since this expansion now covers interactions not of a sexual nature, they decided to rename this bill to the “Victim’s Assistance and Survivor Protection Act” (V.A.S.P.A.).
The application for the initial, temporary protection order can be filed in the Superior Court having jurisdiction over the place where the alleged conduct occurred, where the alleged actor resides, or where the alleged victim resides or is sheltered. The temporary protective order would:
- Limit the contact of the alleged actor with the victim
- Prohibit the respondent from committing or attempting to commit any future act of stalking or cyber-harassment
- Prohibit the respondent from having any contact with the alleged victim or others, including an order forbidding the respondent from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact, or contact via electronic device.
- Prohibit the respondent from entering the residence, property, school or place of employment of the alleged victim or the alleged victim’s family or household members, and requiring the respondent to stay away form any specified place that is named in the order.
- Prohibit the respondent from following, harassing and threatening to harm, stalk, follow, or harass the victim
The relief provided for in the final protective order could be the same or more expansive as that available through the temporary protective orders.
Click HERE to download the V.A.S.P.A. filing packet.
To learn more about V.A.S.P.A. or to have an advocate accompany you through the process, contact us at 908.233.7273. For additional information, please visit the links below: