By Ella Buchanan, Lawyer, McWilliam Tyree Lawyers
Protection Orders are a key legal safeguard in New Zealand for individuals experiencing family violence. Issued under the Family Violence Act 2018, the aim is to protect people in family relationships from further harm. These orders can be applied for urgently and offer flexibility in terms of contact and parenting arrangements.
Applying for a Protection Order
Who Can You Get a Protection Order Against?
You can apply for a Protection Order against someone you have been in a family relationship with. This can include a current or former partner, a family member (including parents, siblings or children), someone you live with, or a caregiver.
If the person causing you harm is not someone you’ve had a family relationship with, you may need to apply for a Restraining Order instead.
The person you are applying against (called the “respondent”) must have committed family violence against you. This can include physical, sexual, financial or psychological abuse against you. That violence can be a one-off incident, or a pattern of behaviour. When applying urgently for a Protection Order, you need to be able to demonstrate that there is sufficient necessity for the Order.
The law also recognises that children who witness family violence, even if they are not directly harmed, are also victims of family violence.
The Application Process
If you are at risk, you can apply for a Temporary Protection Order through a “without notice” application. This means the court can urgently issue an order without hearing from the other person first. These applications are treated with urgency only if the court believes there is a serious risk or undue hardship to you, or to your family.
If there is not serious urgent threat to you or your family’s safety, but a Protection Order may still be necessary, then you can apply “on notice” to the other person. This would mean you apply to the Court and give the other person a chance to respond first, before any decisions are made.
We are able to assist you with applying for a Protection Order. This includes
- Completing an application;
- Writing an affidavit (evidence) detailing the violence; and
- Submitting that application to the Family Court.
Temporary vs Final Protection Orders
If a Temporary Protection Order is granted, the respondent (the person the order is against) has three months to respond. If they do not challenge the order, it automatically becomes a Final Protection Order.
If the respondent does defend the Order, the matter goes to a Family Court hearing, where both sides present evidence and the judge decides whether to make the order final.
If You Have been Served with a Protection Order
A Protection Order is a legal directive from the Family Court intended to prevent further harm in situations involving family violence. If you are named as the respondent, you are legally required to follow the conditions of the order immediately, even if you disagree with it.
Conditions and Consequences
The Protection Order will outline specific conditions you must follow. These may include:
- Not contacting or approaching the protected person
- Staying away from their home, workplace, or school
- Attending a non-violence programme
- Being required to leave the home, even if you have a legal interest in it
Breaching any of these conditions is a criminal offence and can result in arrest.
Can You Still Have Contact with the Protected Person?
Yes, but only if the protected person consents to safe and respectful contact, and the protected person can withdraw their consent at any time.
If you’re unsure whether your actions might breach the order, it’s best to consult a lawyer or seek clarification from the court.
Responding to a Protection Order
You have three months to respond to a Temporary Protection Order. During this time, you can:
- Accept the order, in which case it becomes final after three months
- Defend the order, which means the matter will go to a Family Court hearing where both sides present their case
It’s strongly recommended that you seek legal advice as soon as possible. A lawyer can help you understand the implications of the order and guide you through the process of responding or challenging it.
Parenting and Childcare
You may still be able to see your children or be involved in their care, provided the arrangements do not breach the terms of the order. In many cases, parenting agreements can be made that allow for supervised contact or handovers through a third party.
If children are named as protected persons in the order, the court will consider their safety and wellbeing when determining any parenting arrangements. You may need to apply for a Parenting Order or attend mediation to resolve disputes.
We are able to assist you with all aspects of a Protection Order, including applying for one, defending one, or assisting with parenting arrangements.