The Victims’ Orders Against Violent Offenders Act came into effect in December 2014. It provides the mechanism for a victim of a violent offence to obtain a Non-Contact Order against an offender. The offender must have been sentenced to imprisonment for two years or more. The application is made through the Civil Court (not the Family Court), but we provide this service because of the similarities and sometimes crossover with Protection Orders.
A Non-Contact Order may be sought from victims (or their families) of a violent crime where the offender was convicted and sent to prison for a sentence of at least two years. The Order stops an offender from contacting the Applicant or Subject Person in any way. The judge can impose special conditions, depending on each case. Orders may stop an offender from living or working in particular areas or visiting those areas.
If you cannot afford a lawyer due to hardship then legal aid may be available. Contact Portia’s Legal Response Team to find out more about legal aid.
A Non-Contact Order can prohibit the offender from contacting the victim and also restrict the offender from living or working near the victim. It fills the gap between a Protection Order and a Restraining Order (which are different). A person cannot apply for a Non-Contact Order if the person already has a Protection Order or Restraining Order against that person. The “victim” can include the victim’s spouse/partner, child or step-child, parent or grandparent or other member of the victims’ family, whānau or culturally recognised family group.
A Judge may make a Non-Contact Order if they are satisfied that:
We’ve tried to answer the most common questions our clients have below. If you are in the situation where you or a family member has been affected by serious violence, you can contact us if you are in a safe place and free from immediate danger.
You definitely can - in fact this is one of the main intentions of the Act. You and your family have enough misery to deal with, without running the risk of coming face to face with the person or people responsible for your loss.
You will need to satisfy a Judge that there are ongoing effects due to the offending for the victim (or their family), and the possibility of contact with the violent offender will be detrimental to the victim’s ability to manage those effects.
The Judge will also want to know that the making of the order is reasonably necessary to avoid contact with offender, and that the making of the order is justified.
You are able to apply for this Order on your own, but we recommend you at least speak to an experienced lawyer before attempting this. Portia can provide you advice from our most senior legal staff.
A breach occurs if an offender does something prohibited by the order “without reasonable excuse”. The maximum penalty available is imprisonment up to two years and/or a fine not exceeding $5,000.00.
Yes. A Non-Contact Order can be applied for urgently (without notice) if delay might entail undue hardship to the victim. If the victim doesn’t know the full name or address of the offender then the court registrar can require the Police or Corrections to provide that information to the court registrar. The victim is able to file a form requesting that their own details are kept confidential from th
The Order is automatically discharged if the offender’s conviction is quashed, substituted for a non-custodial sentence or a sentence for less than two years. It also lapses if it can’t be served although it is possible to ask for an extension of time for service.
Otherwise the expiry date will be what has been specified by the Judge, or the expiry of two years (when the Judge hasn’t specified an date), or if it is discharged following a new application.
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