Someone keeps showing up wherever you go. They send you unwanted messages, contact you through social media, or create new accounts after you block them. Maybe they have even started appearing at your home, workplace, or other places you regularly visit.
You may be asking:
Can I get a restraining order for stalking in New Jersey?
What can I do if someone won’t stop contacting me?
Is there a protective order for stalking or cyber harassment in NJ?
Depending on the circumstances, New Jersey’s Victim’s Assistance and Survivor Protection Act (VASPA) may provide a legal option. Link to https://www.njcourts.gov/sites/default/files/forms/13133%20vaspa_combined_kit.pdf
What Is VASPA in New Jersey?
VASPA allows certain victims of stalking and cyber-harassment, as well as survivors of certain sexual offenses, to seek a civil protective order.
One important aspect of VASPA is that it can provide protection in situations that may not fall under New Jersey’s domestic violence laws because the people involved do not have a qualifying relationship.
That means a person does not necessarily have to be your spouse, partner, or family member for VASPA to potentially apply.
What If Someone Is Stalking You but You Were Never in a Relationship?
Consider this example:
A woman has a man who repeatedly follows her, sends her messages, contacts her through social media, and appears at places she regularly goes.
They were never married. They never dated. They do not live together.
She may wonder whether she can get a traditional New Jersey domestic violence restraining order.
Depending on the circumstances and the relationship between the people involved, a domestic violence restraining order may not be the appropriate legal option. VASPA provides a separate protective-order process for qualifying acts of stalking and cyber-harassment.
The important question is not simply whether someone is bothering you. The specific conduct and circumstances matter.
What Can a VASPA Protective Order Do?
A VASPA protective order is designed to protect a person from further qualifying conduct.
Depending on the circumstances, a court may prohibit the person from:
- Contacting you directly or through another person
- Following or stalking you
- Contacting you through electronic communications
- Engaging in cyber-harassment
- Going to specific locations, such as your home, workplace, or school
- Engaging in other conduct the court determines is appropriate
For someone experiencing repeated unwanted contact or stalking, this can provide an important legal avenue for protection.
What About Cyber Harassment?
Stalking does not always happen in person.
Someone may repeatedly send unwanted texts, contact you through social media, create new accounts after being blocked, or use electronic communications to harass you.
If you believe you are experiencing cyber harassment in New Jersey, keep the evidence.
Save text messages, emails, screenshots, social media messages, usernames, phone numbers, call logs, and other information that may help show what has been happening.
A simple timeline can also be useful. Write down what happened, when it happened, where it happened, and whether anyone witnessed it.
Do You Have to Press Criminal Charges?
Not necessarily.
VASPA provides a civil protective-order process, and a person may seek a protective order without first reporting the conduct to law enforcement or pursuing criminal charges.
However, that does not mean every stalking or harassment situation automatically qualifies for a VASPA protective order. The facts of each case matter.
How Does the VASPA Process Work?
A person seeking protection generally begins by applying for a Temporary Protective Order (TPO) through Family Court.
A hearing is then generally held within 10 days to determine whether a Final Protective Order (FPO) should be issued.
Because the process involves presenting specific facts and evidence to the court, it can be helpful to understand your legal options before filing.
What Should You Do If Someone Won’t Leave You Alone?
If someone keeps following you, contacting you, monitoring you, or harassing you online, you do not have to figure out the legal process alone.
Start by documenting what is happening and preserving relevant evidence.
Then, consider speaking with a New Jersey attorney who can review your situation and explain whether VASPA, a domestic violence restraining order, or another legal option may apply.
Talk to a New Jersey Attorney About Your Situation
If you are dealing with stalking, repeated unwanted contact, or cyber harassment in Hackensack, Bergen County, or elsewhere in New Jersey, Adamo Ferreira, Esq. can review your situation and explain your legal options.
The right legal protection depends on the specific facts of your situation. Speaking with an attorney can help you understand what steps may be available to you.
Contact Adamo Ferreira, Esq. to discuss your situation and learn more about your legal options.
