Applying for Protection Orders in NZ: Domestic Violence Support
Navigating family violence is incredibly challenging, and seeking legal protection is a crucial step towards ensuring your safety and the safety of your children. In New Zealand, a Protection Order is a legal tool designed to prevent family violence and provide a safer environment. This guide will walk you through what a Protection Order is, the application process, and where to find vital support.
What is a Protection Order?
A Protection Order is a court order issued by the Family Court under the Family Violence Act 2018. It legally prohibits a person (the respondent) from committing family violence against you (the applicant) and any children included in the order. Family violence includes physical, sexual, and psychological abuse, including economic abuse and intimidation.
Key aspects of a Protection Order usually include:
- Non-violence condition: The respondent must not commit any family violence against you or any children named in the order.
- Non-contact condition: The respondent must not contact you, directly or indirectly, unless specifically allowed by the court (e.g., for childcare arrangements, which might be handled separately).
- Exclusion from residence: In some cases, the respondent may be ordered to leave a shared home.
- Property orders: The court can make decisions about who uses certain property.
Who Can Apply for a Protection Order?
You can apply for a Protection Order if you have experienced family violence from someone you are or have been in a family relationship with. This includes spouses, partners, ex-partners, parents, children, and other close family members. Applications can also be made on behalf of children.
The Application Process
Applying for a Protection Order involves several steps, and it’s highly recommended to seek legal advice or support from a family violence service. Here’s a general overview:
- Gather Information: Document incidents of violence, including dates, times, locations, and descriptions. Collect any evidence you have (e.g., messages, photos, police reports).
- Fill out Forms: You will need to complete specific application forms for the Family Court. These forms explain why you need the order and what you want the order to say.
- File with the Family Court: The completed forms are filed with your local Family Court. There are no court fees for Protection Order applications.
- ‘Without Notice’ or ‘On Notice’ Application:
- Without Notice: If you are in immediate danger, you can ask the court to issue a temporary Protection Order ‘without notice’ to the respondent. The court can grant this quickly, often the same day.
- On Notice: If there’s no immediate danger, or after a temporary ‘without notice’ order is issued, the application proceeds ‘on notice,’ meaning the respondent is formally served with the documents and has an opportunity to respond.
- Court Hearings: The court may schedule hearings to consider evidence from both parties before deciding whether to grant a final Protection Order.
What Happens After Applying?
Once you’ve applied, the court will review your application. If a temporary order is granted ‘without notice,’ it provides immediate protection. If the application proceeds ‘on notice,’ or after a temporary order, the court will work towards a final decision. It’s crucial to understand that even with an order, safety planning remains essential.
Where to Get Domestic Violence Support in NZ
You don’t have to go through this alone. Numerous organisations in New Zealand offer free, confidential support and advice:
- Women’s Refuge: Provides safe accommodation, support, and advocacy. Call 0800 REFUGE (0800 733 843).
- Shine (Safer Homes in New Zealand Everyday): Offers a free helpline and support for adults and children experiencing violence. Call 0508 744 633.
- Hey Bro Helpline: For men who want to stop their violence. Call 0800 HEY BRO (0800 439 276).
- Family Court: For information on forms and processes. Visit justice.govt.nz.
- Police: In an emergency, always call 111.
- Victim Support: Provides emotional and practical support. Call 0800 VICTIM (0800 842 846).
Seeking help is a sign of strength. These services are available 24/7 and can guide you through the process and provide much-needed emotional support.
People Also Ask (Frequently Asked Questions)
A Protection Order is a legal document issued by the Family Court in New Zealand designed to stop a person from committing family violence against you or your children. It provides legal boundaries and consequences if breached, aiming to ensure your safety and well-being. It can prevent the person from coming near you, contacting you, or going to places you frequent, among other conditions.
How long does it take to get a Protection Order in NZ?
The timeline can vary significantly. If there’s an immediate risk of harm, you can apply ‘without notice,’ and a temporary Protection Order can be granted quickly, often within a day or two. A final Protection Order, which involves the other party having an opportunity to respond and potentially a court hearing, can take several weeks to many months, depending on court schedules and the complexity of the case.
What kind of evidence do I need to apply for a Protection Order?
While you don’t need ‘proof beyond a reasonable doubt,’ the court will consider all available evidence. This typically includes your detailed written statement (affidavit) describing incidents of family violence, police reports, medical records, text messages, emails, photos, social media posts, or statements from witnesses who have seen or heard about the abuse. Documenting incidents as they happen is highly recommended.
Can a Protection Order protect my children too?
Yes, a Protection Order automatically includes any children living with you or who are part of your family unit. It prohibits the respondent from committing family violence against them as well. The court’s primary concern is the safety and well-being of all involved, especially children, and the order will typically reflect this comprehensive protection.
What happens if a Protection Order is breached in New Zealand?
Breaching a Protection Order is a serious criminal offence in New Zealand. If the respondent violates any conditions of the order, you should contact the police immediately. The police have the power to arrest the person who breached the order, and they may face charges, fines, or imprisonment, depending on the severity and history of the breaches.