Protection Orders – What are they and how do you apply for one under the Family Violence Act 2018? 

What is a Protection Order and when can one be made?

  1. Under the Family Violence Act 2018, the Family Court has the power to make a Protection Order if it is satisfied of three things. First, that the applicant and the person from whom they are seeking protection are, or have been, in a family relationship. Secondly, the Court must be satisfied that the respondent has used physical, sexual, or psychological abuse against the applicant. Finally, the Court must be satisfied that a Protection Order is necessary for the protection of the applicant and/or a child.
  2. Often, these orders are needed on an urgent basis where there has been a recent incident of family violence and the applicant requires immediate protection. In those cases, the Court can make a temporary Protection Order on a “without notice” basis. This means that the Judge will consider the application based solely on the applicant’s evidence and may make the order without first hearing from the respondent. This will generally occur where the Court is satisfied that delaying the application to give the respondent notice would expose the applicant or a child to undue hardship or a risk to their personal safety.
  3. The respondent (the person against whom the Protection Order is made) is then served with the temporary Protection Order, which takes effect immediately. The respondent has three months in which to oppose the temporary order becoming final. If no opposition is filed, the temporary Protection Order automatically becomes final after three months. A final Protection Order remains in force indefinitely unless it is discharged by the Court on the application of one of the parties.
  4. If the circumstances are less urgent, an application may be made on notice. In that case, the respondent is given an opportunity to respond to the allegations before the Court decides whether a Protection Order should be made.

What does a Protection Order actually do?

  1. The standard conditions of a Protection Order are that the respondent must not engage in any behaviour that amounts to family violence against the protected person. This includes physical, sexual, and psychological abuse, coercive or controlling behaviour, intimidation, harassment, threats, damage to property, and exposing children to family violence.
  2. A Protection Order also contains a no-contact condition. This means that the respondent must not contact the protected person unless the contact is specifically consented to, or otherwise authorised under the Family Violence Act 2018. For example, if the contact is necessary to operate children’s care arrangements under a parenting order, or indirect communication conducted through lawyers, it will not be a breach of the Protection Order.
  3. In addition to the conditions contained in a Protection Order, the respondent is required to attend a non-violence programme directed by the Court. The respondent is also prohibited from possessing firearms and, subject to limited exceptions, cannot hold a firearms licence while the Protection Order remains in force.
  4. The Court may also make related property orders at the same time as a Protection Order. These can give the protected person (and any children) the right to remain in the family home and to have the exclusive use of household furniture. Such orders may be made whether the property is owned or rented.

What happens if a Protection Order is breached?

  1. If a Protection Order is breached, the Police have the authority to arrest and charge the respondent with breaching a Protection Order, which is a criminal offence.

What counts as family violence?

  1. Family violence can be physical, sexual or psychological abuse. The Family Violence Act 2018 significantly broadened the definition of family violence from that contained in the former Domestic Violence Act 1995. Greater emphasis is now placed on coercive and controlling behaviour. This recognises that family violence may consist of a pattern of conduct that, when viewed in isolation, appears minor or insignificant but, when viewed collectively, causes fear, loss of autonomy, or cumulative harm. As a result, the Court is required to consider the overall pattern and impact of the behaviour rather than focusing solely on individual incidents.

What should you do if you need a Protection Order?

  1. If you think you may need a Protection Order, we would be happy to discuss your circumstances with you and provide advice about your options. If you are in immediate danger, you should call the Police on 111. The Police may issue a Police Safety Order, which provides short-term protection while longer-term arrangements are considered. You should then seek legal advice as soon as possible about applying for a Protection Order.

What should you do if you have been served with a Protection Order?

  1. If you have been served with a temporary Protection Order or an application for a Protection Order, we recommend obtaining legal advice promptly to discuss your options, including how to respond to or defend the application if you disagree with the allegations that have been made.

If you’re unsure about your situation or would like to talk through your options, our team is here to help.

Want to learn more?

For further information or advice tailored to your circumstances, contact Claudia Leathart at claudia.leathart@jbmorrison.com to arrange a consultation.

With Family Law teams in Wellington and Rotorua, we are here to support you.

Protection Order NZ, Protection Orders – What are they and how do you apply for one under the Family Violence Act 2018?