​If you are served with a Protection Order

The main piece of legislation in the Family Court addressing violence between adults is the Family Violence Act 2018.  Family violence includes physical violence, sexual violence and psychological/emotional violence (e.g. stalking, harassment, verbal abuse, economic abuse, controlling or manipulative behaviour, threats, belittling, etc.). More recently the terminology "family harm" has been favoured by Police and other sector agencies.

Temporary protections orders (those issued 'without notice'/under urgency) will normally be served on a respondent by the NZ Police.

If you've been served with a temporary protection order then the first thing you need to do is read it, understand it and do what it says. ​Along with the protection order there will be an order to attend a non-violence programme with a community organisation.

Our lawyers will almost always recommend you contact the provider and attend the programme.

​You have the right to defend the order. If you do not defend the order then after three months the order will automatically become final.

If you have a permanent protection order against you, you are able to apply to Court to have it discharged.

Defending or discharging a protection order - like anything involving the Court - is not as straightforward as it sounds. Seeking legal advice from experts is a smart thing to do.
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You are entitled to make applications yourself and to represent yourself in court but be warned: this is not as straightforward as it seems. Get legal advice from a specialist family lawyer if you can right from the very start - don't leave it!

"I've just been served with a Protection Order"

If you've been served with a Protection Order and need help, our Legal Response Team can tell you how much it will cost for a lawyer and set you up with an appointment. Legal aid is available for clients who have been served with a Protection Order (subject to conditions).

Police Safety Orders

When Police attend a family violence incident it is possible for them to issue a Police safety order (PSO) when they believe family violence has occurred or may occur. A PSO is a short term order which lasts between one to ten days.

​The person named in the PSO (bound person) must leave the address even if it is owned by the person or is where they usually live. The bound person must not subject the protected person (or their children) to any further violence or harassment

The bound person must not encourage anyone else to abuse or harass the protected person on their behalf.

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Protection Orders

​Unlike PSOs, protection orders are issued by the Court. This requires a court application and an affidavit. The Court needs to know whether there is a domestic or close personal relationship; what violence has occurred and; why a court order is necessary.

An application is filed, served on the other person – who has a chance to reply – and if the application is defended then a hearing is held for a Judge to determine any disputed facts. The Judge will decide whether or not to grant the Final Protection Order.

In urgent situations an application and affidavit may be filed and seen quickly by a Judge. The Judge will make a decision about whether a temporary protection order (TPO) should be issued so there is immediate protection for the applicant  for

and the children of the family. The Judge needs to be satisfied that the delay that might be caused by applying on notice (the standard process) might place the applicant or the children of the family at serious risk of injury, harm or undue hardship. The other party still has the chance to respond and have the matter heard in Court if the person disputes that a permanent order should be made.

​In some situations (particularly when there are children) it is possible to apply for property orders permitting exclusive occupation of the home and use of the furniture (including to furnish a new home) by the protected person.

​Under the Care of Children Act the Court must take into account the children’s safety. This includes exposure to family violence as well as whether

if there are past protection orders involving other people. If the Court believes a child is unsafe with their parent then the Court can direct supervised contact. This might be supervised by family or by a professional person or organisation. There is limited funding through the Court to pay for supervised contact but this is only a short term solution and is often for the purpose of receiving a report 

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More information that could be helpful...

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