Legal Information: New Jersey

Restraining Orders

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November 10, 2022

What is the legal definition of nonconsensual sexual contact, sexual penetration, and lewdness?

To qualify for a sexual assault restraining order, you must be the victim of actual or attempted nonconsensual sexual contact, sexual penetration, or lewdness by someone who is not a current or former intimate partner.

Sexual contact is an intentional touching, either directly or through clothing, of your or the abuser’s sexual organs, genital area, anal area, inner thigh, groin, buttock or breast for the purpose of degrading or humiliating you or sexually arousing or sexually gratifying the abuser.

Sexual penetration is vaginal intercourse, oral sex (cunnilingus or fellatio) or anal intercourse between you and the abuser or insertion of the hand, finger or object into the anus or vagina either by the abuser or due to the abuser’s instruction.

Lewdness means exposing one’s genitals for the purpose of arousing or gratifying the sexual desire of the abuser or of any other person.1

1 NJSA § 2C:14-14(a)(1)

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