How you can get a Protection Order
The Family Court can make a Protection Order to help protect someone from family violence. There are three important steps you need to take:
- decide to act
- find people who will help
- apply for the Order.
Decide to act
This is usually the toughest of the three steps. It takes courage to stand up to family violence, but it's important to remember that everyone is better off when violence stops. That includes you, your children if you have any, anyone else who lives with you and even the person abusing you.
Remember, you are not alone; there are thousands of people in this country who are in the same situation.
Find people who will help
If you are in immediate danger, call 111 and ask for the Police. They will respond immediately.
If the danger is not immediate, there are other organisations that can help you apply for a Protection Order.
If you decide you want to make the violence stop, there are a lot of people and tough laws that will help you. These people include the Family Court, Police, Oranga Tamariki, Women's Refuge, Stopping Violence Services, your lawyer, Victim Support, and many other government and community organisations.
The Court takes applications for Protection Orders very seriously.
Organisations such as the Women's Refuge can help women in many ways. They may:
- arrange to pick you up if you don't have money or a car
- arrange emergency accommodation for you and your children if you need to get out of your home
- discuss the choices you have and the different kind of legal, housing and financial assistance you can get
- provide you with information on how the system works - the Police, the Family Court, Legal Aid, etc
- quickly arrange an appointment with a lawyer
- support you in applying for a Protection Order.
Other organisations, such as the Ministry of Social Development (MSD), can help you with welfare or support services.
A lawyer (preferably one who is familiar with family law and the Family Court) will help you prepare your application for a Protection Order, take down your statement and, if you are on a low income, apply for Legal Aid. Legal Aid is government funding to pay for legal help for people who cannot afford a lawyer and are eligible for legal aid.
If you don't know a suitable lawyer, all the main support agencies can help you find one. You can also look for a family lawyer on the .
Family Court – you can go to your nearest Family Court and ask the Family Court Coordinator how to apply for a Protection Order. You might also want to talk to the Kaiārahi (Family Court Navigator) who can also give you some guidance. They can be contacted by visiting your local court.
Apply for the Order
You can apply for a Protection Order against someone who is using family violence against you. This means you need to be in a family or close personal relationship with that person.
You will need to fill out an application form, which you are strongly advised to do with the help of a lawyer.
Your lawyer will also write down your story and why you need a Protection Order in a sworn statement (affidavit). At the same time, you can also apply for a Property Order to give you possession of the house and/or furniture. Both the application and the statement will then be given to the Family Court.
Protection Order applications can be made on a with or without notice basis. Essentially a without notice basis is an urgent application. If the Judge agrees that your case is urgent, they can make a Temporary Protection Order just based on your statement. This means the order will be made before notifying the respondent, usually made within 24 to 48 hours. If you application is less urgent then e applications can be made on notice.
Criteria for Protection Orders
Without notice requirements
The Family Violence Act 2018 sets out the requirements for a without notice Protection Order. The Court may make a protection order on an application without notice only if satisfied that the delay that would be caused by proceeding on notice would or might involve, for the applicant, or a child of the applicant’s family, or both, one or both of the following:
- A risk of harm:
- Undue hardship.
The Court must have regard to the perception of the applicant or child of the applicant’s family, or both, of the nature and seriousness of the respondent’s behaviour and the effect of that behaviour on the applicant or a child of the applicant’s family, or both.
Requirements for making of protection order
The Court may make a protection order if it is satisfied that the respondent has inflicted, or is inflicting, family violence against the applicant, or a child of the applicant’s family, or both; and the making of an order is necessary for the protection of the applicant, a child of the applicant’s family, or both.
When a Temporary Protection order becomes final
A protection order made on an application without notice is a temporary order that, unless sooner discharged, becomes final by operation of law three months after the date the order is made, unless objected by the respondent, then a hearing would be required.
Please note:
- Children can apply for their own Protection Orders (with the help of an adult). Your nearest Family Court, Community Law Centre, Oranga Tamariki (formerly Child, Youth and Family) office, social worker or guidance counsellor can help.
- If you can't afford to pay, you may be eligible for Legal Aid.
Applications in the Family Court
Appearing in the Family Court
If your application is being made urgently, (on a without notice basis), often the Family Court Judge will read the application and, in many cases, make a decision without seeing the applicant.
The application and the order will then be served on the respondent and they will be able to respond. If the respondent files documents into court then a hearing will be required before the Protection Order becomes final.
If applying for a non-urgent Protection Order, often hearings are required, especially if the respondent opposes the Protection Order. Sometimes the Judge will ask to see the applicant (with their lawyer or others who are helping).
The Court may also need to resolve questions about the care of children to make sure that contact is safe and appropriate.
The Family Court has an informal atmosphere – for example the Judge doesn't wear a wig. If something isn't clear, just ask – after all, everyone is there to help.
The Family Court is not like a District Court or High Court; there is no jury. Only Court officials and those supporting will be there. Family Court staff and Family Court Coordinators are trained to deal with families. Anyone coming to the Family Court will find the people there sympathetic, helpful and understanding. As well as a lawyer, the applicant can have a friend or family member there for support.
How long does it take to get an Order?
A Judge will usually consider the application within two working days from the date the application is filed. A Temporary Protection Order may be granted if the Judge is satisfied that family violence has occurred and an order is necessary at that time.
The Court's job is to be fair to both parties. There are therefore opportunities for the respondent to apply to the Court and to have their side of the story heard.
Will the respondent be present?
Many of the Protection Orders made by the Family Court are made without notice. This means without the person named in the application (the respondent) being aware of it.
If a defence is filed, the Court will then hear each side at a hearing and make a decision. You and the respondent will get told when the hearing is going to be, which can be some time away.
In any hearing you can bring a support person and there are ways where you can give your evidence, so you don’t need to see the respondent.
How does the respondent find out about the Protection Order?
Things happen quickly once the Protection Order is granted. The Order is typed up at the Court and copies are made. The applicant, their lawyer or anyone helping can pick up one copy. An agent of the Court (a bailiff, perhaps with the Police) will visit the respondent and will give them a copy of the Protection Order. They will often explain what the Order means and what will happen if the respondent disobeys the Order.
Another copy of the Order will also be sent to the police station nearest the applicant, so they are aware of the Order.
How long is a Protection Order for?
When an Order is made urgently, before the respondent is given notice, it is temporary and runs for three months.
If the respondent does not defend it, the Order will automatically become final after the three months are up and will stay in force permanently. The applicant can choose at any time to ask the Court to cancel (discharge) the Order, but it is up to a Judge if it is discharged.
If the respondent objects to the Temporary Protection Order and defends it, a hearing date will be set by the Court and the applicant will be told about it. The Court will then consider both sides and decide if a Final Protection Order is made or not.
What does the Protection Order say?
Protection Orders have standard conditions but they are also flexible enough to deal with individual situations. Some of the conditions the respondent must follow are listed below.
Non-violence conditions
The respondent:
- must not physically, psychologically or sexually abuse or threaten the applicant or their children
- must not damage or threaten to damage the applicant's property
- must not encourage anyone else to physically, sexually or psychologically abuse or threaten the applicant or their children.
Programmes
In most cases, the respondent will be required to attend a Court-appointed 'stopping violence' programme to help them live without violence. There are also programmes that you and your children can attend to help you with the situation.
Firearms conditions
When a temporary Protection Order is made the respondent must hand in any firearms within 24 hours, or earlier if required by the Police. Their firearms licence will also be suspended. If the respondent has access to firearms or weapons the Police, the Court or the applicant's lawyer must be told. Once the Order is made final their firearms licence will be revoked unless the respondent has satisfied the Court that the applicant will be safe.
Non-contact conditions
The Order will include non-contact conditions which the respondent must follow. The applicant can choose to agree to contact. Standard non-contact conditions include that the respondent must not:
- come to the applicant's home or onto the applicant's property
- hang around the neighbourhood or come to your work
- try to stop the applicant, their children or those close to the applicant from coming or going
- contact the applicant in anyway including phone calls, texts, Facebook, snapchat or other social media, email, face to face, letters unless it is an emergency, there is written permission or they are both asked to attend a family group conference.
Non-violence conditions apply in every case.
If you are the respondent
If you have a Protection Order made against you, you need to make sure you understand it and follow the rules. It might seem really scary and worrying when you first get given the documents. There are things you can do to begin with: find a lawyer to talk to and talk to the Court and the Family Court Navigator who can give you some guidance.
If you are named in a Protection Order, then you need to take care to follow the Order and not breach the conditions. The Protection Order does not lead to any criminal consequences unless you breach the conditions and contact the applicant.
- You cannot contact the applicant either directly or by phone, text, email or in any other way.
- You cannot encourage anyone else to contact the applicant on your behalf.
- It will affect the contact you have with your partner and your children, if you have any.
- It may, in some cases, mean you have to move out of the house.
- In other cases, it may mean that your partner or family member can take furniture from the house.
- If you have a firearms licence, it will be suspended by a Temporary Order and you will be required to hand over any firearms or weapons. If the Protection Order is made final without modification your firearms licence will be revoked.
- You will probably be required to attend a programme to help you learn to live without violence.
Receiving the Order application
A bailiff, a police officer or some other agent of the Family Court will give you a copy of the Temporary Protection Order and other papers. Sometimes an application for a Protection Order will be made on notice and you will receive a copy of the application before an Order is made. You should carefully read the explanation of the Orders that will be given to you.
Your rights
Because the consequences of a breaching a Protection Order are so serious, the law gives you the opportunity to oppose the Order or application or to challenge any of the alleged facts or special conditions. The procedure for doing this varies depending on whether you have received a temporary Order or an application on notice.
Deciding what to do
Whether you accept responsibility for the family violence or you totally disagree with the allegations, it's important you clearly understand what a Protection Order means and what could happen as a result.
Find a lawyer, preferably one who is familiar with family law and the Family Court. A lawyer will help you understand the Order or application and its consequences. Together you can work out what the next step should be. Do you wish to deny the allegations? Do you accept the allegations but want to learn to live without violence? Do you want to work through an arrangement for seeing your children so you can see and care for your children?
Defending the Order application
Where the Court makes a Temporary Protection Order, you are entitled to challenge whether a final Order should be made. A lawyer can help you prepare your statement. You or your lawyer will then notify the Court, which will set a hearing date. If you don't file a defence the Order will become final three months after the date it was made.
Application on notice
If the application is served on you before an Order is made you will have an opportunity to present your case to the Court before it decides whether to make an Order. A lawyer can help prepare your defence. If you don't file a defence and don't appear at the hearing, the Court can make a final Order in your absence.
Legal Aid
Visit the Legal Aid section on the for options if you are concerned that you cannot afford a lawyer.
If you are the applicant
Contact with respondent
If you want to have contact with that person – for example, you want to continue living with them – the non-contact conditions are suspended.
Special conditions
You can work with your lawyer or the Family Court to get special conditions – for example, what happens when you pick up or drop off the children.
Support programmes
You and your children can, free of charge, attend special Court-approved programmes that will help you deal with your situation. These programmes will help you and your children deal with emotional turmoil and help you keep safe and in control of your life. Ask your lawyer or Family Court staff how to apply.
Do I have to move out of home?
One of the real fears people have about standing up to violence is that they will end up with nowhere to live. Talk to your lawyer about whether you need to get a Property Order in addition to the Protection Order so you can stay in your home.
Do I lose my furniture if I decide not to go back to the house?
No. If you move out of a house because of violence, a Furniture Order may state that you can take furniture from your old home to set up a new home. The Police can be asked to accompany you to collect the furniture. Talk this over with your lawyer.
What if I change my mind and don't want the Order any more?
Getting a Protection Order doesn't mean that you've made a decision that's set in concrete. It doesn't necessarily mean you have completely ended the relationship. If you choose to, you can have a Protection Order and still be living with that person.
At any stage you can let the person back into your life, in which case the non-contact conditions of the Protection Order will be suspended - but not the non-violence ones.
You can also apply to the Court to have the whole Order discharged.
What if he/she starts abusing me again after I stopped/suspended the non-contact conditions?
Whether you live together or not, you are always protected from violence by the Protection Order. Once you've got a Protection Order, the non-contact conditions automatically come back into force if you ask the respondent to leave. Remember that the respondent is only allowed contact with your express consent.
Day-to-day care and contact
Who will get care of the children?
By law, both parents have the ability to care for their children unless the Court says otherwise. If there is a risk of the children being in the day-to-day care of a parent then, the other parent can ask the Court for a Interim Parenting Order. This would mean making a separate application to the Family Court because Protection Orders do not set out care and contact arrangements for your children. When there is alleged violence, the Court usually will not allow the respondent to have unsupervised care of the children until the safety issues are determined. In a hearing the Judge will make findings about what events occurred and whether the children are safe in the care of the respondent.
Will the respondent be able to visit the children?
A Parenting Order issued by the Court will outline when contact visits can occur. When there is proven violence the Court usually will not allow the violent person (respondent) to have unsupervised contact with children. Sometimes contact is supervised by a trusted person, like a grandparent or friend. If the contact needs to be supervised by an organisation then any costs of providing supervised contact are normally paid for by the Court but in some cases they are to be paid by the person seeking access, usually the respondent.
If a parent can only have supervised contact to the children, it is very important to provide the school, day care centre and other caregivers with a copy of any Court Orders, so they know exactly who is allowed to visit or take the children away.
Usually contact may begin as supervised and then move to unsupervised if the contact has been going well, there have not been any breaches of the Protection Order and after the respondent attends some ‘stopping violence’ programme sessions. The Court looks at each case and makes an assessment of the safety of the children.
If the abuse doesn't stop
People often want to give their violent partners another chance and let them back into their lives. Sometimes it works; sometimes it doesn't. It's your right to choose and the law respects that. If you give it another chance and the violence starts again, tell your partner that the non-contact conditions are on again (the non-violence ones can never be suspended). All the original conditions immediately come back into force and the abuser must immediately leave you alone. If that doesn't happen, call the Police.
What happens if he/she hassles me but isn't physically violent?
If you have a Protection Order, you have specific protection from any physical, sexual or psychological abuse (and that includes threats or harassment). Police policy is to arrest a person who breaches a Protection Order. They will be dealt with in a criminal court, not the Family Court.
What are the penalties for breaches of a Protection Order?
The Court will give highest priority to the victim's safety when considering bail applications. Where there is evidence that a breach of a Protection Order has occurred, the person may be arrested and cannot be bailed by the Police for 24 hours.
A breach includes failing to attend a 'stopping violence' programme.
The maximum penalty for breach of a Protection Order is three years in prison. If other serious crimes of violence are involved, the penalties could be even more serious.
Restraining orders
A Restraining Order is similar to a Protection Order except that it falls under the Harassment Act and applies where there isn't a domestic relationship. More information on restraining orders may be found on the .