Rule 5:7B. Sexual Assault Survivor Protection Act: Protective Orders

Rule 5:7B. Sexual Assault Survivor Protection Act: Protective Orders

(a) Temporary Protective Order. In court proceedings instituted under the Sexual
Assault Survivor Protection Act of 2015, the judge shall issue a temporary protective
order when the victim has been subject to nonconsensual sexual contact, sexual
penetration, or lewdness, or an attempt at such conduct. The order may be issued ex
parte when necessary to protect the safety and wellbeing of the victim on whose behalf
the relief is sought.

(b) Venue in Sexual Assault Survivor Protection Act Proceedings. Venue in these
actions shall be laid in the county where either of the parties resides, where the offense
took place, or where the victim is sheltered. The final hearing is to be held in the county
where the ex parte restraints were ordered, unless good cause is shown for the hearing
to be held elsewhere.

(c) Application for Temporary Protective Order. Except as provided in paragraph

(b) of this rule, an applicant for a temporary protective order shall appear before a judge
or a domestic violence hearing officer to personally testify on the record or by sworn
complaint submitted pursuant to N.J.S.A. 2C:14-14 and N.J.S.A. 2C:14-15. If it appears
that the order is necessary to protect the safety and wellbeing of the victim, the judge
shall, upon consideration of the applicant's affidavit, complaint or testimony, order
emergency relief, including ex parte relief, in the nature of a temporary protective order
as authorized by N.J.S.A. 2C:14-13 et seq. Any person alleging to be a victim of
nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such
conduct, and who is not eligible for a restraining order as a “victim of domestic violence”
as defined by N.J.S.A. 2C:25-19d may apply for a temporary protective order.

(d) Issuance of Temporary Protective Order by Electronic Communication. A
judge may issue a temporary protective order upon sworn oral testimony of an applicant
who is not physically present. Such sworn oral testimony may be communicated to the
judge by telephone, radio or other means of electronic communication. The judge
assisting the applicant shall contemporaneously record such sworn oral testimony by
means of a sound-recording device or stenographic machine if such are available;
otherwise, adequate longhand notes summarizing what is said shall be made by the
judge. Subsequent to taking the oath, the applicant must identify himself or herself,
specify the purpose of the request, and disclose the basis of the application. This sworn
testimony shall be deemed to be an affidavit for the purposes of issuance of a
temporary protective order. A temporary protective order may issue if the judge is
satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant
to appear personally and that sufficient grounds for granting the application have been
shown. Upon issuance of the temporary protective order, the judge shall memorialize
the specific terms of the order. This order shall be deemed a temporary protective order
for the purpose of N.J.S.A. 2C:14-14 and N.J.S.A. 2C:14-15.

(e) Final Protective Order. A hearing for a final protective order shall be held in
the Superior Court within 10 days of the filing of an application. A final order restraining
a defendant shall be issued only on a specific finding of nonconsensual sexual contact,
sexual penetration, or lewdness, or an attempt at such conduct, or on a stipulation by a
defendant to the commission of an act or acts of sexual contact as defined by the
statute.

Note: Adopted July 28, 2017 to be effective September 1, 2017; paragraph (a) amended and
redesignated paragraph (c), paragraph (b) redesignated paragraph (d), paragraph (c) redesignated
paragraph (a), paragraph (d) amended and redesignated paragraph (e), paragraph (e) redesignated
paragraph (b) adopted July 29, 2019 to be effective September 1, 2019.