Credit: doidam10/Adobe Stock Emerging Case Law Offers Support for Sexual Assault Victims Seeking Restraining Orders
The defendant had argued in the Gloucester County trial venue that a more stringent test with the six factors used in domestic violence cases should have been the standard.
May 24, 2024 at 09:25 AM
6 minute read
Criminal Law
In C.R. v. M.T., the New Jersey Supreme Court has made it easier for a victim of sexual assault to obtain a final protective order under the Sexual Assault Survivor Protection Act of 2015 (SASPA), N.J.S.A. 2C:14-13 to – 21. This law was amended in 2023 and renamed the Victim's Assistance and Survivor Protection Act, but the changes are not relevant to the opinion. The court held that the language of the statute is permissive and easily satisfied. The test for securing the final SASPA order is that the petitioner was the victim of nonconsensual sexual contact and there exists a possibility of future risk to the safety or well-being of the victim.
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