A Protection Order is a legal order designed to protect you and your children from further violence.
It tells the abuser that they cannot abuse you, and they cannot contact you if you are not living together. The abuser will also have to go to a Stopping Violence programme.
Getting a Protection Order is one step you can take to give the abuser a clear message that you want the violence to stop. Police will also take the violence more seriously if you have a Protection Order.
At the same time you apply for a Protection Order you can also apply for court orders that allow you to keep on living in the house you owned or rented with the abuser, and/or take some of the furniture to use.
Sometimes it may not be safe to apply for a Protection Order. You will know for yourself if there is a risk that you will be in more danger. A Refuge advocate can help you work out what will be safest for you and your children.
Who can apply for a Protection Order?
Anyone in a domestic relationship. Children can apply with the help of an adult. A third party can apply on behalf of someone else. You can apply even if you have used violence yourself.
What is a “domestic relationship ” according to the law?
You are in a 'domestic relationship' if the other person is your current or ex partner, spouse, lover, boyfriend, girlfriend, parent, brother or sister, grandparent, flatmate, room-mate, other whanau or family member, child, child's parent, or close personal friend. You don't have to be living together.
What does a Protection Order say?
The Protection Order will have non-violence conditions that say the abuser MUST NOT:
- Physically, psychologically, or sexually abuse or threaten to abuse anyone protected by the Order
- Damage or threaten to damage your property
- Encourage anyone else to abuse or threaten any of you.
If you are not living together, there are also non-contact conditions that say the abuser MUST NOT:
Go to your home, workplace, or property unless you consent; intimidate or harass you or your children; hang around your neighbourhood or workplace of follow you; stop you or your children from coming and going; or contact you by phone, letter, fax or any way (including email) unless there is an emergency.
If you CHOOSE to live with the abuser, the non-contact conditions won’t apply. The non-violence conditions will remain. If you don’t want to live with the abuser anymore, and you ask them to leave, the non-contact conditions come into effect again automatically. The abuser also has to go to a Stopping Violence programme.
Any children who usually live with you are included in your Protection Order. (The only time children might not be included is if they don’t live with you and you don’t see them regularly). You can also name other people on your Protection Order who are also being abused or threatened by the abuser.
The Protection Order can also say that the abuser must hand in any firearms and weapons to the Police, and their firearms licence will be cancelled unless Police can be assured that you are safe.
In the Protection Order the abuser is called the “respondent ”. You are the “applicant ” or the “protected person".
What about somewhere to live?
When you get a Protection Order there are other Orders available that allow you to live in the house you shared with the abuser or have the use of the furniture and appliances.
When you get a Protection Order there are other Orders available that allow you to live in the house you shared with the abuser or have the use of the furniture and appliances.
Occupation and/or Tenancy Orders
These let you stay in the house/flat that you shared (rented or owned),even if you previously moved out. The abuser must move out, even if they own the place.
Furniture Order
This lets you have some or all of the furniture and appliances from the home you shared. The abuser cannot take them away or smash them up. The Police can accompany you, when you go to get the furniture out. You do not have to have an Occupation or Tenancy Order to get a Furniture Order.
How do I apply for a Protection Order?
Most women use a lawyer to help them apply for a Protection Order. Its best to get a Family lawyer who knows the Family Court system. You will need to give a statement (affidavit) about why you feel unsafe. This should include details about what violence has occurred, and the effect that the physical, sexual and/or psychological abuse has had on you and your children. The Judge needs to know how serious the violence is.
Women's Refuge does not recommend that you get an “undertaking ” instead of a Protection Order. An undertaking is when the abuser agrees not to be violent. However, the Police won’t take it as seriously as a Protection Order, and there are no criminal charges for breaking an undertaking.
Can I apply for a Protection Order without a lawyer?
It is possible to go to the Court and make your own application for a Protection Order, although we recommend that you use a lawyer if possible. We have found that women aren't always able to get Protection Orders, or good decisions about care of their children if they apply without a lawyer.
Your local Women's Refuge, Community Law Centre or Court staff can give you more information about applying for a Protection Order, and may be able to help you do it yourself. For the Community Law Centre guide on how to apply for a Protection Order, click here.
How much does it cost to get a Protection Order?
If you have to pay, lawyers charge anything from $500 and up for a Protection Order. It will cost more if the abuser defends the Order, or if there are care of children arrangements that need to be worked out. If you are on a benefit or low income, you may be eligible for Legal Aid and the Protection Order will not cost you.
How long does it take to get a Protection Order?
If the Order is granted “without notice ”, it is possible to get the temporary order within 24 hours. Sometimes it takes longer, a few days. In emergency cases, you can get a Protection Order granted at the weekend and during holiday times.
When you get a Protection Order, keep a copy of it with you at all times, and leave copies at your friend’s or whanau/family member’s place. Ring your local Police station to make sure they have been sent a copy of the Order from the Court.
When will the abuser find out that I’ve taken out a Protection Order against them?
You can ask for the Protection Order to be without notice if any delay will put you or your children at risk of harm or hardship. This is often the safest way to get a Protection Order.
The abuser will not be told about the temporary Order until it has been granted to you. A bailiff or the Police will take a copy of the Protection Order around to the abuser’s place, and will explain to them what the Order means.
If the Order is “on notice ”, the abuser is told that you have applied for it. They will be given time (it could be 24 hours, or it can be up to 2 weeks or longer) to put in a written defence against what you have said. A Judge will hear each side of the case, and decide whether or not to issue you with a Protection Order. So it could be a few days or sometimes a few weeks before you get the Protection Order.
A Protection Order without notice is usually safer, but a few women have found recently that it is harder to get immediate Protection Orders and some lawyers are encouraging 'on-notice' applications. If this happens to you, contact a Women’s Refuge or domestic violence advocate for help, and to work out your options for keeping safe while waiting for the Protection Order. You may decide that it would not be safe at all to go ahead with the Protection Order. Talk to your advocate and lawyer about this immediately.
IMPORTANT: To keep your address confidential, so that the abuser does not find it out, make sure that your lawyer completes a “DV4 -Request for Confidentiality Form ”
Can the abuser challenge the Protection Order?
A 'without notice' Protection Order is temporary for 3 months. In this time, if the abuser wants to defend the Order, a hearing date will be set by the Court, and a Judge will consider both sides and then decide whether to make the Protection Order final. If the abuser does not put in a defence against the Protection Order, it becomes permanent automatically after 3 months.
If the Protection Order is 'on notice' the abuser is given some time to challenge your application. The Court will then set a date for a hearing where a Judge will consider both sides. If the abuser does not challenge the application for a Protection Order within the time given, a Judge will go ahead and make the decision about whether to grant the Protection Order.
Will I have to go to Court?
If you apply for a Protection Order “without notice ”, a Judge will usually grant a temporary Protection Order without seeing you.
If the abuser then challenges either the temporary Protection Order or your “on notice ” application you will need to appear in the Family Court.
Family Court is closed (public are not allowed).The abuser will be there. Talk to your lawyer and the Family Court Coordinator if you are worried for your safety. You may be able to take a friend or advocate to awhi/support you in Court.
What happens if I want to live with them again?
The non-contact conditions of the Protection Order can be put on hold by you, if you agree to live with the abuser, but the non-violence conditions will remain. You can live together but the abuser can’t be violent to you.
If you want them to leave again at anytime, you just need to tell the abuser that you do not want to live together anymore, and the non-contact conditions will be back in place straight away. It is a good idea to put it in writing that you don’t want to live together.
Can I remove the Protection Order?
You can apply to the Court to have the Protection Order removed (discharged). However, we encourage you to keep it in place, even if you have got back together and things seem to be going well.
Despite what the abuser may tell you, you do not need to drop the Protection Order to prove that you love them, or want to work things out. The Protection Order was your choice, for your safety. It should stay to remind them that they can not be violent to you again.
The abuser can also apply to the Court to have the Protection Order removed. If you do not agree, there will be a defended hearing, where you both get to tell your side to the Judge and the Judge will decide whether the Protection Order should stay in place or be removed.
Can I attend an Education and Support programme?
If you take out a Protection Order you and your children can attend a free education/support programme, which will help you understand about family violence, and help you to keep safe. You can go to a programme anytime within three years of getting the Protection Order. The Family Court Coordinator can also refer you to someone who runs a programme in your area, or you can contact Women’s Refuge.
What happens if the abuser carries on being violent or keeps on contacting me?
The abuser breaches the Protection Order if they: physically, psychologically or sexually abuse your or your children; make any threats; damage your property; encourage others to abuse you; come on to your property, or follow you; or contact you in anyway (emails, texts, letters, phone calls, sending presents etc).
They will also be breaching their Protection Order if they don’t attend a Stopping Violence Programme that they have been ordered to.