Family Violence Orders: How They Work

Navigating the complexities of family violence can feel incredibly isolating and overwhelming. If you are experiencing abuse, please know that you are not alone, and there are legal avenues available in New Zealand designed specifically to protect you and your loved ones. One of the most crucial tools for ensuring safety is a Family Violence Order, often referred to as a Protection Order. Understanding how these orders work is the first vital step towards regaining control and securing a safer future for yourself and your whānau.

The purpose of this article is to demystify Family Violence Orders, explaining what they are, how they function, and how they can offer a pathway to safety. Your well-being is paramount, and we want to empower you with the knowledge to make informed decisions.

What is a Family Violence Order (Protection Order)?

A Family Violence Order, legally known as a Protection Order, is a court order issued by the Family Court in New Zealand. Its primary goal is to protect individuals and their children from family violence. When granted, it imposes legally binding restrictions on the person who has committed or is likely to commit family violence (the respondent), preventing them from further abusing or harassing the protected person(s).

Who Can Apply for a Protection Order?

Generally, the person experiencing family violence can apply for a Protection Order themselves. However, someone else can also apply on their behalf, such as a police officer, a social worker, or a family member, provided they have the victim’s consent (or the court’s permission if the victim is unable to give consent).

What is “Family Violence” in the Eyes of the Law?

The definition of family violence in New Zealand is broad and encompasses more than just physical harm. It includes:

• Physical abuse: Any assault, including slapping, hitting, pushing, or using a weapon.
• Sexual abuse: Any sexual act without consent.
• Psychological abuse: This is very common and can include intimidation, harassment, threats (even to pets or property), controlling behaviour, isolation from friends and family, and economic abuse (controlling finances, preventing someone from working).
• Threats: Threats to commit any of the above.

The law recognises that family violence creates a pattern of behaviour designed to control and instil fear, and a Protection Order is designed to break that cycle.

How Do Family Violence Orders Work?

The process of obtaining a Family Violence Order involves the Family Court. There are generally two pathways: applying “without notice” or “with notice.”

“Without Notice” (Urgent) Orders

If you are in immediate danger or believe there’s an urgent need for protection, you can apply for a Protection Order “without notice.” This means the court can make a temporary order very quickly, sometimes within hours, without the respondent being present or even aware of the application initially. This temporary order provides immediate safety. The respondent will then be served with the application and temporary order and will have an opportunity to tell their side of the story to the court at a later date, before a final decision is made.

“With Notice” Orders

If the situation isn’t urgent, or if a “without notice” order has been made and the respondent wishes to challenge it, the application proceeds “with notice.” This involves:

1. Filing your application with the Family Court.
2. The court arranging for the respondent to be formally served with the application.
3. A court hearing (or series of hearings) where both parties can present their evidence and arguments.
4. A judge then makes a final decision on whether to grant a permanent Protection Order.

What a Protection Order Does (Conditions)

A Protection Order comes with several standard conditions designed to keep you safe:

• The respondent must not commit family violence against you or your children.
• They must not encourage anyone else to commit family violence against you or your children.
• They must not harass you or your children, or watch or loiter near your home, workplace, or children’s school.

The court can also impose special conditions, such as:

• Non-contact: Prohibiting the respondent from contacting you directly or indirectly.
• Distance: Ordering the respondent to stay a certain distance away from you, your home, or your children’s school.
• Property: In some cases, the order might address who lives in the family home.

It’s important to remember that a Protection Order is designed to address safety from violence. While it can influence decisions about child contact, specific arrangements for children’s care and contact are often dealt with separately under Parenting Orders.

Practical Steps and What to Expect

Gathering Evidence

While an empathetic court will understand the difficulty of collecting evidence in abusive situations, any information you can provide will strengthen your case. This might include:

• Police safety orders or incident reports.
• Medical records if you’ve sustained injuries.
• Photos of injuries or property damage.
• Texts, emails, or messages from the respondent.
• Witness statements from friends, family, or colleagues who have observed the abuse.
• A diary or log of abusive incidents, including dates, times, and descriptions.

The Court Process

The court process can be daunting, but support is available. You will need to complete application forms, detailing the violence you’ve experienced. If an order is granted, it is served on the respondent, making them legally aware of its terms. If the respondent contests the order, there will be hearings where both sides present their case. The court’s priority is always safety.

What Happens if an Order is Breached?

Breaching a Protection Order is a criminal offence in New Zealand. If the respondent violates any condition of the order, you should contact the police immediately. The police have powers to arrest and charge the respondent, leading to criminal penalties that can include imprisonment. This makes Protection Orders a powerful tool for enforcing safety.

Seeking Support and Safety

Your journey towards safety and recovery doesn’t have to be walked alone. There are numerous support organisations across New Zealand dedicated to helping individuals and families affected by violence. These services can provide emotional support, safety planning, and guidance through the legal process.

Understanding Family Violence Orders: How They Work is a critical step, but navigating the legal system while dealing with the emotional toll of abuse can be incredibly challenging. Legal professionals specialising in family law can provide invaluable assistance, ensuring your application is strong, your voice is heard, and your safety is prioritised.

Taking this step is an act of immense courage. Your safety and well-being are worth fighting for.

For personalised advice and to ensure your application for a Protection Order is handled effectively and compassionately, get help filing a protection order with a family lawyer.