S4628

An Act concerning protective orders and amending P.L.2015, c.147.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2015, c.147 (C.2C:14-14) is amended to read as follows:

2. Application for Temporary Protective Order.

a. As used in this section and in sections 3, 4, and 8 of P.L.2015, c.147 (C.2C:14-15, C.2C:14-16, and C.2C:14-20):

"Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.

"Cyber-harassment" means conduct that occurs, while making one or more communications in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, that involves: threatening to inflict injury or physical harm to any person or the property of any person; knowingly sending, posting, commenting, requesting, suggesting, or proposing any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to the reasonable person; or threatening to commit any crime against a person or the person's property.

"Emotional distress" means significant mental suffering or distress.

"Intimate parts" means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock, or breast of a person.

"Lewdness" means the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

"Repeatedly" means on two or more occasions.

"Sexual contact" means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor.

"Sexual penetration" means vaginal intercourse, cunnilingus, fellatio, or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor's instruction.

"Stalking" means purposefully or knowingly engaging in a course of conduct directed at or toward a person that would cause a reasonable person to fear for the reasonable person's own safety or the safety of a third person, or suffer other emotional distress, because the conduct involves: repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or towards a person.

(1) [Any] A person alleging to be a victim of: nonconsensual sexual contact[,]; sexual penetration[, or]; lewdness[, or any]; an attempt at [such conduct] nonconsensual sexual contact, sexual penetration, or lewdness[, or]; stalking; or cyber-harassment, and who is not eligible for a restraining order as a "victim of domestic violence" as defined by the provisions of subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), may, except as provided in subsection b. of this section, file an application with the Superior Court pursuant to the Rules of Court alleging the commission of such conduct or attempted conduct and seeking a temporary protective order.

[As used in this section and in sections 3, 4, and 8 of P.L.2015, c.147 (C.2C:14-15, C.2C:14-16, and C.2C:14-20):

"Lewdness" means the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

"Intimate parts" means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.

"Repeatedly" means on two or more occasions.

"Emotional distress" means significant mental suffering or distress.

"Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.

(2) Except as provided in subsection b. of this section, an application for relief under P.L.2015, c.147 (C.2C:14-13 et al.) may be filed by the alleged victim's parent or guardian on behalf of the alleged victim in any case in which the alleged victim:

(a) is less than 18 years of age; or

(b) has a developmental disability as defined in section 3 of P.L.1977, c.200 (C.5:5-44.4) or a mental disease or defect that renders the alleged victim temporarily or permanently incapable of understanding the nature of the alleged victim's conduct, including, but not limited to, being incapable of providing consent, or of understanding the nature of the alleged conduct that is the subject of the application.

b. (1) When it is alleged that a minor has committed nonconsensual sexual contact[,]; sexual penetration[, or]; lewdness[, or any]; an attempt at [such conduct] nonconsensual sexual contact, sexual penetration, or lewdness[, or]; stalking; or cyber-harassment [has been committed by an unemancipated minor, an applicant seeking a protective order shall not proceed under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.), but may seek a protective order and other relief under the "New Jersey Code of Youth Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.) by filing a] ,an alleged victim may file an application for a protective order pursuant to this section, a complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30), or both.

(2) When it is alleged that nonconsensual sexual contact, sexual penetration, or lewdness, or [any] an attempt at [such conduct] nonconsensual sexual contact, sexual penetration, or lewdness, [or] stalking, or cyber-harassment, has been committed against an unemancipated minor by a parent, guardian, or other person having care, custody and control of that child as defined in R.S.9:6-2, an applicant seeking a protective order shall not proceed under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.), but shall report the incident to the Department of Children and Families for appropriate action.

c. (1) An applicant may seek a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) and the court may issue such an order regardless of whether criminal charges based on the incident were filed and regardless of the disposition of any such charges.

(2) The filing of an application pursuant to this section shall not prevent the filing of a criminal complaint, or the institution or maintenance of a criminal prosecution based on the same act.

d. The court shall waive any requirement that the applicant's or alleged victim's place of residence appear on the application.

e. An applicant may seek a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) in a court having jurisdiction over the place where the alleged conduct or attempted conduct occurred, where the respondent resides, or where the alleged victim resides or is sheltered.

f. No fees or other costs shall be assessed against an applicant for seeking a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.).

(c.f. P.L.2025, c.35, s.18)

2. This act shall take effect on the first day of the seventh month following enactment, but the Administrative Director of the Courts may take such anticipatory action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill would permit a court to issue a protective order against an unemancipated minor.

Generally, in situations where a survivor is not eligible to receive a restraining order under the “Prevention of Domestic Violence Act of 1991” because they lack the required relationship to the defendant, the “Victim’s Assistance and Survivor Protection Act” (VASPA) permits a court to issue a protective order to a survivor of:

- nonconsensual sexual contact;

- sexual penetration;

- lewdness;

- an attempt at nonconsensual sexual contact, sexual penetration, or lewdness;

- stalking; or

- cyber-harassment.

Currently, a court may not issue a protective order under the VASPA against a defendant unless the defendant is at least 18 years of age or is an emancipated minor. Instead, an unemancipated minor must be charged with a complaint of delinquency under the “New Jersey Code of Youth Justice” before a court may issue a protective order pursuant to that statute.

Under the bill, a survivor of one of the above-listed acts, where the alleged perpetrator is an unemancipated minor, could seek a protective order under the VASPA against the minor, bring a complaint under the “New Jersey Code of Youth Justice” against the minor, or both.

The bill would take effect on the first day of the seventh month following enactment.