Rule 5:7B.Victim’s Assistance and Survivor Protection Act: Protective Orders
Last amended January 1, 2026 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:7B creates the protective-order procedure under the Victim's Assistance and Survivor Protection Act for victims of sexual offenses, stalking and cyber-harassment who do not qualify for a domestic violence restraining order.
(a)Temporary Protective Order. In court proceedings instituted under the Victim’s Assistance and Survivor Protection Act, L. 2023, c. 127, the judge shall issue a temporary protective order when the victim has been subject to nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment, 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 Victim’s Assistance and 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, lewdness, stalking, or cyberharassment, 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, video 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 if available; otherwise, the judge shall make adequate longhand notes summarizing what is said. After taking the oath, the applicant must identify themselves, specify the purpose of the request, and disclose the basis of the application. This sworn testimony shall be deemed to be an affidavit for 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 protective order shall be issued only after a finding or an admission is made that the defendant committed an act of nonconsensual sexual contact, sexual penetration, lewdness, stalking or cyber-harassment, or an attempt at such conduct, against the alleged victim.
End
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Adopted July 28, 2017 to be effective September 1, 2017; paragraph (a) amended and redesignated as paragraph (c), paragraph (b) redesignated as paragraph (d), paragraph (c) redesignated as paragraph (a), paragraph (d) amended and redesignated as paragraph (e), paragraph (e) redesignated as paragraph (b) July 29, 2019 to be effective September 1, 2019; caption amended, paragraph (a) amended, paragraph (b) caption amended, paragraphs (c), (d) and (e) amended December 2, 2025 to be effective January 1, 2026.
Plain-English Summary
This rule fills a gap. Domestic violence restraining orders are available only to someone who fits the statutory definition of a victim of domestic violence, which turns on the relationship between the parties. A person assaulted or stalked by a stranger, a classmate or a colleague falls outside it.
The Act covers them. A judge issues a temporary protective order where the victim has been subject to nonconsensual sexual contact, sexual penetration, lewdness, stalking or cyber-harassment, or an attempt at that conduct, and may issue it ex parte to protect the victim's safety and well-being. Paragraph (c) states the eligibility point directly: a person alleging such conduct who is not eligible for a restraining order as a victim of domestic violence may apply for a temporary protective order.
The rest tracks the domestic violence rule closely — venue where either party resides, where the offense occurred or where the victim is sheltered; issuance on sworn oral testimony by telephone, video or other electronic communication where exigent circumstances excuse a personal appearance; and a final hearing in the Superior Court within 10 days of the application, with an order issuing only after a finding or an admission that the defendant committed the conduct alleged.
Frequently Asked Questions
What if I need protection but the person is not a family member or partner?
Rule 5:7B is the route. A person alleging nonconsensual sexual contact, sexual penetration, lewdness, stalking or cyber-harassment — or an attempt — who is not eligible for a restraining order as a victim of domestic violence may apply for a temporary protective order.
How soon is the final protective order hearing?
Within 10 days of the filing of an application, in the Superior Court.
What conduct does the Act cover?
Nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment, or an attempt at such conduct.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:7B). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. ·
Official source
Also known as:protective orderVASPAsexual assault protective orderstalking ordercyber-harassmentSASPA