Domestic Violence Protection Orders in New Zealand

Domestic violence is a serious issue that affects many New Zealanders. The law provides protections for victims through protection orders, which can help ensure safety and prevent further harm. Understanding how protection orders work and how to obtain them is crucial for those experiencing domestic violence or supporting someone who is.

What is a Protection Order?

A protection order is a court order that helps protect people from domestic violence. In New Zealand, protection orders are governed by the Family Violence Act 2018 (which replaced the Domestic Violence Act 1995).

A protection order provides legal protection by:

• Preventing the respondent (the person who has been violent) from contacting or approaching the protected person
• Preventing the respondent from damaging property or threatening to damage property
• Preventing the respondent from encouraging others to engage in behavior that would be prohibited if done by the respondent
• Requiring the respondent to surrender firearms and their firearms license
• In some cases, excluding the respondent from a shared home, regardless of legal ownership

Who Can Apply for a Protection Order?

You can apply for a protection order if you are in a domestic relationship with the person you need protection from. Under New Zealand law, a domestic relationship includes:

• Current or former spouses, partners, or de facto partners
• Family members (including whānau or other culturally recognized family groups)
• People who share a household (not merely as flatmates or boarders)
• People in a close personal relationship

You can also apply for protection for your children or other people in your family or household. If you're under 16, a representative (such as a parent or guardian) must apply on your behalf unless the court gives special permission.

Types of Protection Orders

There are two main types of protection orders in New Zealand:

1. Without Notice (Temporary) Protection Orders

A without notice protection order (also called an "ex parte" order) is granted without the respondent being notified or having an opportunity to respond first. These are issued when there is:

• Risk of harm or undue hardship if the order is not made immediately; or
• Risk that the respondent might try to prevent the order from being made by intimidating or threatening the applicant

Without notice orders take effect immediately and are temporary. The respondent is then served with the order and has an opportunity to contest it at a later hearing.

2. On Notice Protection Orders

An on notice protection order application gives the respondent an opportunity to respond before the court decides whether to grant the order. The respondent is served with the application and has a set time to file a defense if they oppose it.

On notice applications are appropriate when there is no immediate risk of harm or when a without notice application has been declined.

What Protection Orders Cover

Protection orders have two main components:

1. Non-Violence Conditions

These conditions are always included in a protection order and prohibit the respondent from:

• Physically abusing the protected person
• Sexually abusing the protected person
• Psychologically abusing the protected person (including intimidation, harassment, threats, or damage to property)
• Encouraging someone else to engage in this behavior against the protected person

These conditions apply at all times and cannot be suspended.

2. Non-Contact Conditions

These conditions prohibit the respondent from:

• Contacting the protected person (by phone, email, text, social media, or any other means)
• Coming to the protected person's home, workplace, or any other place they frequent
• Following or stopping or accosting the protected person

In some circumstances, these conditions can be suspended or modified by the court, particularly if there are children involved and contact arrangements need to be made.

The Application Process

Step 1: Prepare Your Application

To apply for a protection order, you need to complete:

• An application form (either without notice or on notice)
• An affidavit (a sworn statement) detailing the domestic violence and why you need protection
• Information for Police form (to help police enforce the order)

Your affidavit should include specific details of the violence or threats, including dates, times, and descriptions of incidents where possible. It should explain why you fear for your safety or the safety of your children.

Step 2: File Your Application

File your completed application at your local Family Court. There is no filing fee for protection order applications.

Step 3: Court Process

What happens next depends on whether you've applied without notice or on notice:

Without Notice Applications:

• A judge reviews your application, usually within 24 hours
• If granted, the order takes effect immediately
• The order is served on the respondent by police
• The respondent has an opportunity to contest the order at a later hearing
• If the respondent doesn't contest the order or doesn't appear at the hearing, the temporary order becomes final

On Notice Applications:

• Your application is served on the respondent
• The respondent has a set time to file a defense
• A hearing is scheduled where both parties can present their case
• The judge decides whether to grant the protection order

Step 4: After the Order is Granted

If your protection order is granted:

• Keep a copy of the order with you at all times
• Provide copies to your children's schools or childcare centers if they're protected by the order
• Consider safety planning with a domestic violence support service
• Report any breaches of the order to the police immediately

Breaches of Protection Orders

Breaching a protection order is a criminal offense in New Zealand. If the respondent violates any condition of the order:

• Call the police immediately (111 in an emergency)
• Document the breach with details of what happened, when, and any witnesses
• Do not agree to contact that violates the order, as this doesn't make the contact legal

Penalties for breaching a protection order can include:

• Up to 3 years imprisonment
• Fines
• Mandatory attendance at a stopping violence program

Protection Orders and Children

When a protection order is made, it automatically covers any children of the applicant's family. The court can also specifically include other children in the order.

If there are existing parenting orders or agreements, these may need to be reviewed in light of the protection order. The safety of children is always the paramount consideration.

Duration and Modification of Protection Orders

Duration

Once final, protection orders remain in force permanently unless discharged by the court. This means they don't expire and continue to provide protection indefinitely.

Modification or Discharge

Either party can apply to the court to:

• Vary (change) specific conditions of the order
• Discharge (cancel) the order completely

The court will only discharge a protection order if satisfied that it is no longer necessary for the protection of the protected person and any children. This is a high threshold to meet.

Getting Legal Help

While it's possible to apply for a protection order without a lawyer, having legal representation is highly recommended. A lawyer can:

• Help you prepare a strong application
• Draft an effective affidavit
• Represent you in court
• Advise you on related matters such as parenting arrangements and property issues

Legal aid is available for protection order applications for those who meet the financial eligibility criteria. This means you may be able to get legal help at no or reduced cost.

Support Services

In addition to legal help, various support services are available for people experiencing domestic violence:

• Women's Refuge: Provides safe accommodation, advocacy, and support
• Shine: Offers a helpline, advocacy, and safety planning
• Family Violence Information Line: Provides information and connects callers to local services
• Victim Support: Offers practical support and information

Protection Orders for Respondents

If you have had a protection order made against you:

• Take the order seriously and comply with all conditions
• Seek legal advice about your options
• Consider attending a stopping violence program, even if not court-ordered
• Be aware that breaching the order has serious legal consequences

Conclusion

Protection orders are a vital legal tool for protecting victims of domestic violence in New Zealand. They provide immediate safety and long-term protection, with serious consequences for those who violate them.

If you or someone you know is experiencing domestic violence, it's important to seek help. Legal advice, support services, and the protection order process are all available to help ensure safety and prevent further harm.

Remember that domestic violence is never acceptable, and everyone has the right to live free from fear and abuse. The legal system in New Zealand recognizes this right and provides mechanisms to protect it.