Have you ever been the victim of sexual harassment at the work place? Did you try to get a restraining order only to be told you do not qualify for one? Be advised that the New Jersey Legislature has recently rectified this problem by enacting N.J.S.A. 2C:14-14 through N.J.S.A. 2C:14-21 which authorizes a Superior Court Judge to enter a temporary protective order on an emergent basis for a victim of unwanted “sexual contact,” “sexual penetration,” “lewdness,” or the “attempt” at such conduct.
This temporary protective order will preclude the assailant from contacting you and your family as well as prohibiting an appearance at your family’s residence, property, school or place of employment. If a temporary protective order is granted, a hearing will be conducted to determine whether the restraint should become final. At this hearing, a Superior Court Judge will listen to the evidence surrounding the occurrence and will weigh the possibility of any future risk to your safety or well-being. Once a final order is entered, the assailant may never have communication with you again without subjecting him or herself to an arrest and prosecution for contempt of court!
If you need you have any questions about obtaining or defending a protective order, please contact Criminal Law Partner Greg S. Gargulinski, Esq.
The comments in this article neither constitute a legal opinion by Davison, Eastman, Munoz, Lederman & Paone, P.A. or by any individual member of the firm, nor does the distribution of this article to any person constitute the establishment of an attorney-client relationship.