Getting Arrested

In New Zealand, the Police and Courts follow a “pro-arrest” and “pro-prosecution” approach to family harm. This means that if Police are called to a domestic incident and find evidence of physical violence or a threat of safety, an arrest is highly likely—even if the victim does not want to press charges.¹

Here is the breakdown of the process from the moment the Police arrive to the first court appearance.

1. The Decision to Arrest

Police do not need the victim’s permission to make an arrest. They will look for:

Physical Evidence: Bruises, torn clothes, or broken household items (Intentional Damage).
Witness Statements: Statements from neighbors, children, or the victim.
Risk Assessment: Police use a standardized “Family Harm” scoring tool to determine the likelihood of future danger.
Strangulation: This is now a specific, serious criminal offense in NZ and almost always leads to an immediate arrest and a denial of Police bail.

2. Police Safety Orders (The “Instant” Removal)

If there isn’t enough evidence for a criminal charge but the Police believe there is a risk of violence, they can issue a Police Safety Order (PSO) on the spot.

Duration: Lasts for up to 10 days.²
Effect: The “bound person” must leave the house immediately, even if they own it or pay the rent.³
No Contact: They cannot contact you or the children.⁴ Any existing parenting orders are suspended.
Breach: If they return or contact you, the Police will arrest them and take them directly before a Judge.⁵

3. Being Charged and “Police Bail”

Once arrested, the person is taken to the station and formally “charged” (e.g., with Common Assault, Male Assaults Female, or Assault on a Family Member).

Police Bail: For minor first offenses, Police may release the person on “Police Bail” with a court date. This bail always includes a condition that they do not contact you or come near your home.
Remand in Custody: If the violence was serious (strangulation, use of a weapon) or if there is a history of abuse, the Police will refuse bail. The person will stay in a cell until they can be seen by a Judge (usually the next morning).

4. The First Court Appearance (Arrest Court)

Within 24 hours of a serious arrest, the person will appear in the District Court.

Bail Conditions: The Judge will decide whether to release them.⁶ In family violence cases, the “primary consideration” for bail is your safety.⁷+1
Standard Bail Rules: They are usually banned from the family home, banned from consuming alcohol, and strictly forbidden from contacting you (directly or indirectly).
The “No-Drop” Policy: In NZ, the Police (prosecution) represent the Crown, not the victim. Even if you write a letter saying you want the charges dropped, the Police will often continue the case if they believe it is in the public interest.

5. Potential Outcomes

Outcome	What it means
Diversion	For very minor, first-time offenses, the person might avoid a conviction if they complete a “Stopping Violence” program.
Family Violence Court	A specialized court that focuses on rehabilitation and monitoring the offender’s behavior through regular check-ins.
Protection Order	Even if the person is found “not guilty” in criminal court, the Judge can still issue a Protection Order if they believe you are at risk.