Understanding Protection Orders in New Zealand: Under the Family Violence Act 2018

The Family Violence Act 2018 allows individuals to apply to the Court for a Protection Order to safeguard themselves and their children from family violence. Before granting a Protection Order, the Court must be satisfied that:

1. A domestic relationship exists between the parties (e.g., spouses, ex-partners, family members, or anyone with whom you have a close relationship).
2. Family violence has been used against you or your children. Family violence can be physical, psychological, or a combination of both.
3. The Protection Order is necessary to ensure safety.

Family violence includes physical abuse, sexual abuse, psychological abuse, and various forms of harassment.

Applying for a Protection Order

There are two types of applications for a Protection Order:

Without Notice Application

This is an urgent application made when there is an immediate risk to your safety or the safety of your children. It is commonly used in situations involving domestic relationships, including spouses, ex-partners, or other family members.

On Notice Application

If the situation does not meet the urgency threshold, the application will be made on notice. This allows the other party to respond, before the Court determines whether a Protection Order should be granted.

What Happens If a Temporary Protection Order Is Granted Against You?

If a Temporary Protection Order has been granted against you, it means someone you have had a domestic relationship with has applied urgently to the Court, without your prior knowledge.

Your Rights and Obligations

• You have the option to file a defence disputing the claims made against you.
• You will be directed to attend the Hamilton Abuse Intervention Programme unless an Objection to Attend Programme is filed within 10 days. A legal representative can assist in filing this objection within the required timeframe.
• If a defence is filed, the Court will typically schedule a three-hour hearing to determine if the Protection Order should become final.
• A breach of a Protection Order is a criminal offence. If a Temporary Protection Order is in place, you must not contact the applicant in any way, or you may be arrested and charged.

Links to NZ Govt Websites

If you or someone you know is experiencing family violence, the following organisations provide support and information:

• NZ Ministry of Justice: Protection Orders Overview
• NZ Police: Protection Orders & Law Enforcement
• Community Law: Legal Rights and Responsibilities
• Waikato Women’s Refuge: Protection Order Information

Protection Orders are an essential legal tool for ensuring the safety of individuals facing family violence. If you require legal assistance in applying for or defending against a Protection Order, seeking professional legal advice is strongly recommended.

A family lawyer can help you obtain a Protection Order or defend the making of a Final Protection Order against you.

Disclaimer – The information on this website is extremely generic and may not apply to your specific situation. Please seek proper consultation with a licensed lawyer prior to making any legal decisions. Do not solely rely on this information.