To apply for a Protection Order in New Zealand, you must file an application with the Family Court demonstrating that you are in a domestic relationship and have been subjected to domestic violence. You can file “without notice” for urgent, immediate protection (usually granted within 24 hours) or “on notice” for standard proceedings. The process requires specific forms and a sworn affidavit detailing the abuse.
What is a Protection Order?
In New Zealand, a Protection Order is a legal court order granted under the Family Violence Act 2018. Its primary purpose is to protect individuals and children from domestic violence. Unlike a Police Safety Order (PSO), which is issued by the police on the spot and lasts for a few days, a Protection Order is issued by a judge in the Family Court and offers long-term legal protection.
When a Protection Order is in place, the person who has been violent (the respondent) is legally prohibited from hurting, threatening, or approaching the person who applied for the order (the applicant) and any children named in the order. It sends a clear message that the behaviour is unacceptable and provides law enforcement with the authority to arrest the respondent immediately if the conditions are violated.
It is crucial to understand that under New Zealand law, “violence” is not limited to physical harm. The definition is broad and encompasses sexual abuse, psychological abuse (including intimidation, harassment, and financial control), and dowry-related violence.
Criteria and Eligibility: Who Can Apply?
To successfully apply for a protection order NZ residents must meet specific legal criteria regarding their relationship to the respondent and the nature of the behaviour. The court must be satisfied that two main conditions are met: there is a domestic relationship, and domestic violence has occurred.
Defining a Domestic Relationship
You cannot get a Protection Order against a stranger or a casual acquaintance under this specific legislation (other laws, such as the Harassment Act, cover those situations). A domestic relationship is defined as:
- Partners: Spouses, civil union partners, or de facto partners (including same-sex partners).
- Family Members: Parents, children, siblings, grandparents, or in-laws.
- Flatmates: People who share a household with you.
- Close Personal Relationships: This is a specific category for people who do not live together or have a sexual relationship but have a close bond (e.g., a carer and a patient).
The Threshold of Violence
The court must be convinced that violence has occurred and that an order is necessary for your protection. The Family Violence Act 2018 significantly modernized the definition of violence to include coercive control. This includes:
- Physical Abuse: Hitting, kicking, strangulation, or damaging property.
- Psychological Abuse: Threats, intimidation, watching or loitering near your workplace or home, and cyberbullying.
- Financial Abuse: Withholding money, controlling access to bank accounts, or preventing you from working.
The Application Process: How to Apply
Applying for a Protection Order involves significant paperwork. While you can do this yourself, it is highly recommended to use a lawyer or a community law centre advocate, as the quality of your affidavit (your written statement) often determines the success of the application.
Step 1: Gather Evidence
Before filling out forms, compile any evidence of the abuse. This might include text messages, emails, photos of injuries or damaged property, police reports, and medical records. While not strictly required to file the application, they strengthen your case significantly.
Step 2: Complete the Required Forms
You will need to complete several specific documents for the Family Court:
- Application Form: This outlines who you are, who the respondent is, and what you are asking for.
- Affidavit: This is the most critical document. It is a sworn statement where you tell your story. You must detail the history of the relationship, specific incidents of violence (dates, times, what happened), and why you are afraid for your safety now.
- Information Sheet: Provides contact details to the court (which are kept confidential from the respondent).
Step 3: Filing at the Family Court
Once your documents are prepared and your affidavit is sworn (signed in front of a lawyer, Justice of the Peace, or court registrar), you must file them at your local Family Court. There is no filing fee for a Protection Order application.
Urgent (Without Notice) vs. Standard (On Notice)
One of the most common questions is how quickly protection can be put in place. This depends on whether you apply “Without Notice” or “On Notice.”
Urgent Applications (Without Notice)
If you or your children are in immediate danger, or if you believe that the act of notifying the respondent would cause them to become violent, you can apply Without Notice (ex parte).
In this scenario, a judge reviews your application immediately—usually on the same day or within 24 hours. The respondent is not present and is not told about the application until after the judge has made a decision. If the judge agrees that the risk is serious, they will issue a Temporary Protection Order. This order comes into force the moment it is served on the respondent by the police or a bailiff.
Standard Applications (On Notice)
If the situation is not deemed an immediate emergency, or if the judge decides the threshold for an urgent order hasn’t been met, the application proceeds On Notice.
This means the respondent is served with your application before the court makes a decision. The respondent is given a chance to defend themselves or dispute the facts. A hearing will eventually be scheduled where a judge will listen to both sides before deciding whether to grant the order.
Standard Conditions and Restrictions
Once a Protection Order is granted (whether temporary or final), several standard conditions apply automatically. These are non-negotiable rules the respondent must follow.
Non-Contact Conditions
The respondent must not make any contact with the protected person. This includes:
- Physically approaching the protected person.
- Visiting the protected person’s home or workplace.
- Calling, texting, emailing, or messaging on social media.
- Sending messages through a third party (e.g., asking a friend to pass on a message).
There are exceptions only if the protected person gives written consent for contact, or if contact is necessary for court-approved childcare arrangements.
Non-Violence Conditions
The respondent must not physically or psychologically abuse, threaten, or intimidate the protected person or any children. This applies even if the protected person has agreed to live with the respondent again.
Mandatory Programmes
When a Protection Order is made final, the respondent is usually directed to attend a non-violence assessment and program. These programs are designed to help them understand and change their abusive behavior. Failure to attend these programs is a criminal offense.
Conditions Regarding Weapons and Firearms
New Zealand law takes a very strict stance on firearms in domestic violence cases. As soon as a Temporary Protection Order is issued:
- License Suspension: The respondent’s firearms license is deemed suspended.
- Surrender of Weapons: The respondent must immediately surrender any firearms or weapons in their possession to the Police.
If the Protection Order becomes final, the respondent’s firearms license is automatically revoked. They will generally not be able to obtain a new firearms license for at least 10 years, ensuring long-term safety for the community and the family. For more details on firearms laws, you can consult the New Zealand Police Firearms Safety Authority.
Consequences of Breaching an Order
A Protection Order is not just a piece of paper; it carries the full weight of the criminal law. If a respondent fails to follow any condition of the order (such as sending a text message when no-contact is in place), they have committed a crime.
Criminal Penalties
Breaching a Protection Order is an arrestable offense. If the police have reasonable cause to suspect a breach, they can arrest the respondent without a warrant. The penalties are severe:
- Maximum Sentence: A person convicted of breaching a Protection Order can face imprisonment for up to three years.
- Persistent Breaches: Courts take repeated breaches very seriously, and prison time becomes increasingly likely with subsequent offenses.
It is vital to report every single breach to the Police. Even minor breaches, like a non-threatening email, should be logged, as they demonstrate a pattern of disrespect for the court order and can escalate into more dangerous behavior.
Legal Aid and Associated Costs
The New Zealand government recognizes that cost should not be a barrier to safety.
Is it Free?
There is no filing fee to apply for the order itself at the court. However, legal fees for a lawyer can be significant.
Legal Aid Eligibility
Most applicants for Protection Orders are eligible for Legal Aid, which covers the cost of a lawyer. Because domestic violence is a priority, the threshold for getting Legal Aid for a Protection Order is often more flexible than for other civil matters. You may not have to repay this legal aid.
Furthermore, if you are applying for a Protection Order, the Ministry of Justice may also cover the costs of a safety program for you and your children, providing emotional support and safety planning strategies. For comprehensive information on the court process, visit the Ministry of Justice website.
Frequently Asked Questions
How long does a Protection Order last in NZ?
A Final Protection Order lasts permanently until a judge discharges it. A Temporary Protection Order usually lasts three months but can be extended if the court process is ongoing.
Can I get a Protection Order against a flatmate?
Yes. A flatmate is considered to be in a domestic relationship with you under the Family Violence Act, so you can apply for a Protection Order if they have been violent or abusive.
What is the difference between a Police Safety Order and a Protection Order?
A Police Safety Order (PSO) is issued by Police on the spot for immediate cooling off (up to 10 days) and requires no court application. A Protection Order is issued by a Judge, offers long-term protection, and has more severe penalties for breaches.
Do I need a lawyer to apply for a Protection Order?
You are not legally required to have a lawyer, but it is highly recommended. A lawyer helps draft the affidavit to ensure it meets the legal threshold for violence, increasing the chance of the order being granted.
What happens to the house if I get a Protection Order?
You can apply for an Occupation Order alongside your Protection Order. This grants you the right to stay in the home while excluding the respondent, even if the respondent owns the house or is named on the tenancy.
Can the respondent still see our children?
The Protection Order automatically covers children living with you. The respondent generally cannot have contact unless you agree to it or there is a specific court order allowing supervised or unsupervised contact.
